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American Restoration and Construction, Inc. - 2000-03-20
CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: THOSE LISTED HEREON FROM: Eric R. Charlonne, Contract Administrator DATE: February 23, 2001 SUBJECT: 10% RETENTION PAYMENT Truck Wash Facility CC-1097 American Restoration The conformed copy of the Notice of Completion for the above contracts has been filed. The thirty-five (35) day waiting period has elapsed or will elapse before payment is made. Processing of the 10% retention payment is recommended so long as no stop notices or outstanding invoices are on file with the City. 1 certify that 00e stop notic o file o ubject a time. Date: OXBERT F. BE:ARDSLEY, Public s Director 1 certify that no other stop notices are on file on the subject contract, and that a guaranty bond has been fled. Date: / CONNIE BROCKWAY, City CI I certify that there are no outstanding invoices on file. Date: 1-1 1- 0 ) O&Jlp�� S A I NRICH, City Treasurer G:ADMINISTRATIOPA10% Retertion Payment 2/27/0115:07 Phi DECLARATION_ OF SAT SFACMN, -OF CLAI,'�iS 1,... .!Tx>,t i,_,.-(Jr-, .state: 1, I aan the general contractor for the City of Hurtington Beath, as to tY.e project more fully drscnbal in the public i%orks contract entitled !7-LJ 0614 4 u L'b CC 101,7 and dated f� b 11—, 2-1*1- 2. All workers and persons employed. all fiats suppling materials, and all subcontractors for the above -mentioned project have been paid in full. 3. The following are either disputed claims, or items in connection with Notices to Withhold, which have been filed under the provisions o°the statutes of the State of California: (if none, state "NONE") i declare under penalty of perjury that the foregoing is true and correct. �F:yJ L�It{id C14 . on this (Z- day of &-l3 , 1 Zao j Fxccuted at _ T.- (Sien!apura of Centractor) 4-ec\cu0:con2 41 19,; A64 rf '" a.►4{i: iitij 90/SO'd £LSt t'L£ tITL KV33 N01JNI1NnH LS:6E iOCZ-2t-83d -90'd �7ti101 City of Huntirigtoo Bach Departmert of Public Works Post Office Box 190 Huntington Beach, CA 91648 Subject: Certification of Compliance with Title VI1 of the Citiil Rights Act and Equal Employr ent Opportunity Act of 1972 Ge-at:erten: The und:rsigned, contractor on Ge-. t o 7'7 7Tivek- wAcY4 ae-1 L.1T"r Project No. Title hereby certif cs that all laborers. rrecharics, apprentices, trainees, watchmen and guards employed by hirn or by any subcontractor performir:g work under the cor.L-act on the project have been paid wages at rates not less than those required by the contract provisions, and that the wort performed by each such laborer, mechanic, apprentice or trainee conformed to the classifications set forth in the contract or training program provisions applicable to tl:e Nva3e rate paid. A-C: cuhconl . - P 90/90'd ELSL ra rU H)tA313 NOIDNIiW*q Li:60 TWZ-Zi-63d rn CITY OF HUNTINGTON BEACH 2000 MAIN STREET OFFICE OF THE CITY CLERK CONVE BROCKWAY CITY CLERK February 12, 2001 Gary Granville County Clerk -Recorder P.O. Box 238 Santa Ana, CA 92702 CALIFORNIA 92648 Enclosed please find a Notice of Completion to be recorded and returned to the Office of the City Clerk, City of Huntington Beach, P.O. Box 1SO, Huntington Beach, CA 92648. Also enclosed is a copy of the Notice of Completion to conform and return in the enclosed self- addressed, stamped envelope. Sincerely, 4 ot4�r Connie Brockway, CIVIC City Clerk CB:jh Enclosure: Notice of Completion — CC-1097 — Truck Wash Facility —American Restoration & Renovation, Inc. (Tefophono: 7t4-53e-5227) WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE 1S HEREBY GIVEN by the City of Huntington Beach, owner In fee. 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to American Restoration & Renovation, Inc. who was the company thereon for doing the following work to -wit: CC-1097--TRUCK WASH FACILITY This project includes the construction of a Truck Wash Facility at the Water Operations Yard. That said work was completed February 5, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 5, 2001. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document Is solely for 1` a official business of the City of Huntington Beach, as contemplated under Govemment Code Section C103 and should be recorded free of charge. Dated at Huntington Beach, California, this 12t' day of February, 2001. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach. California STATE OF CALIFORNIA } County of Orange ) ss: City of Huntington Beach } 1, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded In the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 12"' day of February, 2001. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 Recorded in Official Records, county of Orange Gary Granville, clerk -Recorder WHEN RECORDED MAIL TO: AIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIp O F2Q 01 CITY OF HUNTINGTON BEACH 2O010090985 03:39pm ?J Office of the City Clerk 110 67 N12 1 P.O. Box 190 — 2000 Main St. 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.0 Huntington Beach, CA 92648 NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN by the City of Huntington Beach, owner in fee, 2000 Main Street, Huntington Beach, CA 92648, that the contract heretofore awarded by the City Council of the City of Huntington Beach, California to American Restoration $ Renovation, Inc. who was the company thereon for doing I� the following work to -wit: CC-1097 —TRUCK WASH FACILITY ' This project includes the construction of a Truck Wash Facility at the Water Operations Yard. That said work was completed February 5, 2001 by said company according to plans and specifications and to the satisfaction of the City Engineer of the City of Huntington Beach and that said work was accepted by the City Council of the City of Huntington Beach at a regular meeting thereof held on Monday, February 5, 2001. That upon said contract First National Insurance Company of America was surety for the bond given by the said company as required by law. This document is solely for the official business of the City of Huntington Beach, as contemplated under Government Code Section 6103 and should be recorded free of charge. Dated at Huntington Beach, California, this 12th day of February, 2001. � ot_-) City Clerk and ex-officio Clerk iy of the City Council of the City of Huntington Beach, California STATE OF CALIFORNIA ) County of Orange ) ss: City of Huntington Beach ) I, CONNIE BROCKWAY, the duly elected and qualified City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California do hereby certify under penalty of perjury, that the foregoing NOTICE OF COMPLETION is true and correct, and that said NOTICE OF COMPLETION was duly and regularly ordered to be recorded in the Office of the County Recorder of Orange County by said City Council. Dated at Huntington Beach, California, this 12th day of February, 2001. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California WHEN RECORDED MAIL TO: CITY OF HUNTINGTON BEACH Office of the City Clerk P.O. Box 190 — 2000 Main St. Huntington Beach, CA 92648 -- r_ �SLI�) CITY OF HUNTINGTON BEACH M01-2. ~ C-. ch wsq b004o DM 1' MEETING DATE: February 3, 2001 DEPARTMENT ID BER:PW 01-011 Council/Agency Meeting Held: 02 - 05` a1 Deferred/Continued to: Approved 0 Condit! ally Approved 0 Denied NA Z- ity k's Signature Council Meeting Date: February 5, 2001 Department ID Number. PW 01-011 CITY OF HUNTINGTON BEACH f REQUEST FOR COUNCIL ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS' r7' - - SUBMITTED BY: RAY SILVER, City Administrator 04-�' 1 '� PREPARED BY: ROBERT F. BEARDSLEY Director of Public Works SUBJECT: Accept the Truck Wash Facility CC-1097, and File a Notice of Completion Statement of Issue, Funding Sowce. Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Should the City accept the Truck Wash Facility CC-1097 Improvements constructed by American Restoration & Renovation, Incorporated? Funding Source: Sufficient funds were authorized for this project from the Water Division's Capital Improvement Budget. Recommended Action: Motion To: 1. Accept the Truck Wash Facility CC-1097 at a final cost of $170,374.70, and authorize the City Clerk to file a Notice of Completion with the County Recorder's Office. Altemative Action(s): None. Analysis: On March 20, 2000, the City Council awarded a contract to American Restoration & Renovation, Incorporated, in the amount of $170,374.70 to construct the Truck Wash Facility CC-1097. The adopted project budget also included $17,000.30 to cover potential change orders and $20,000 for supplemental expenses, for a total of $207,375.00. The improvements are now complete per the approved plans and specifications. Therefore, the Director of Public Works recommends acceptance of the project and requests the City Clerk file the Notice of Completion. (� � 01-011 feb 5 charlonne -2- 1110101 2:00 PM REQUEST FOR COUNCIL ACTION MEETING DATE: February 6, 2001 DEPARTMENT ID NUMBER:PW 01-011 The following is a summary of the final project costs: Council Approved Actual Expenditures 1. Contract amount: $170,374.70 $170,374.70 2. Change orders: 17,000.30 0.00 Project Construction Costs: $187,375.00 $170,374.70 3. Supplemental Expenses: 20,000.00 18:000.00` Total: $207,375.00 $168,374.70 "(Estimated) final cost will be determined when all invoices are received for inspection services and materials testing. Public Works Commission Review: The Commission reviewed and recommended approval of the project on May 19, 1999, by a vote of 6-0; Commissioner Smith was absent. Environmental Stratus: The project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): None. RCA Author. Charlonne:jm 01-011 Charlonne 01-011 feb 5 charionne -3- 1123101 10:52 AM RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Accept the Truck Wash Facility, CC-1097, and File a Notice of Completion COUNCIL MEETING DATE: February 5, 2001 RCA ATTACHMENTS STATUS Ordinance (wlexhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Not Applicable Contract/Agreement (wlexhibits if applicable) Signed in full b the CityAttome) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to foma by City Attome ) Not Applicable Certificates of Insurance (Approved ty the Ci(y Attome) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ILI( ) ( ) Assistant City Adminis rator (Initial) ( ) ( ) City Administrator (Initial' City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author. Charlonne:Jm RECEIVED BY: CITY CLERK RECEIPT COPY 1 ✓ Retum DUPLICATE to ,� l�A• Jeffrey Hughes (ext.62601 r' (Name) after signingldating r CITY OF HUNTINGTON BEACH INTERDEPARTMENTAL COMMUNICATION TO: Shari Freidenrich, City Treasurer ATTTTN: Jim{ Sllobojan, Deputy City Treasurer ,J4 r 1 k FROM: �L41 DATE: 15— 4 — w SUBJECT: Bond Acceptance I have received the bonds for +at#WW Performance Bond No. Labor and Material Bond No. Monument Bond No. Maintenance Bond No. Re: Tract No. CC No. 4 �' MSC No. �1�c� �FSTo1'��ld� $, C�NSTRU �n1 (Company Name) 7-7 '3Z87173 Approved 3 r �' Agenda ltem No. l� (Council Approve! Date) City Clerk Vault No. 6po-_ to J4 9:4ahlbondletter.doc CITY OF HUNTINGTON BEACH 2000 MAIN STREET CALIFORNIA 92648 OFFICE OF THE CITY CLERK CONNIE BROCKWAY CITY CLERK LETTER OF TRANSNfITTAL OF ITEM APPROVED BY THE CITY COUNCIL/ REDEVELOPilrEh"T AGENCY OF THE CITY OF n1JLN"rT.NGT0N BEACIT DATE: 05-04-00 TO: American Restoration & Construct E1N-nON: Paul Hamilton, Pres. Name, 137 N. Larchmont Blvd., #212 DEPARTIEENT: Street Los Angeles, CA 90004-3704 REGARDUtiG: Ciry. state, zip See Attached Action Agenda Item E-11 Date of Approval 3-20-00 Enclosed For Your Records Is An Executed Copy Of The Above Referenced Agenda Item. Remarks: Connie Brockway City Clerk _ Attachments: Action Agenda Page x Agreement x Bonds x Insurance x RCA Deed Other CC: R. Beardsley DPW x' x x bonds 2F DeBow CA sftInraance other Name DPW t Rx x x bonds Name Deparhnent RCA Avft=Ot Iruumnee Other s. rreidenrich Treas. bonds Narne , pepastncat RCA Apmxat tnrarsnce Other Name Department RCA Apccwat Insurance Ot.` er C. Mendoza x x Risk Nlanagetnent Dept. Insura.-1ee lWephone: 71453"227) CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND AMERICAN RESTORATION & CONSTRUCTION, INC. FOR TRUCK WASH FACILITY AT WATER OPERATIONS (CC 1097) THIS AGREEMENT, made and entered into this 20 th day of March 2000, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY; and AMERICAN RESTORATION & CONSTRUCTION, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT." more fully described as the truck wash facility at Water Operations (CC-1097) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, in consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: 1. STATEMENT OF WORK; ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. Work shall consist of construction of the Truck Wash to include all civil, structural, architectural, mechanical, plumbing and electrical work as specified in the Construction Drawing and in the project specifications. Items of work to include: 1. Tru--k wash facility including all equipment; 2. Demolition, paving, grading, and striping work; 3. Hook up of a chambered separator and underground piping and connection to sewer system; 7A /agrcc2000:1ruck mash3,281)0 4. Associated power and lighting distribution for the Truck Wash and associated civil work; 5. Extend the air system for the Truck Wash equipment; 6. Design and installation of pre-engineered mezzanine structure in accordance with the drawings and specifications; 7. Shop drawings/design drawings required by CITY or CITY's Engineer as ind`cated in the drawings and specifications for the roof framing. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. Wagmc2OWtruck wnh3'28.'00 2 It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern California District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose Magw2000'uuck Awh3/2&•X)0 3 decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and nothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions matte under the provisions of this Agreement or the Contract Documents, a sum not to exceed One Hundred Seventy Thousand Three Hundred Fourteen Dollars and Seven Cents ($170,314.07), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion within one hundred eighty (180) working days from the day the "Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval; as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terns and 7,'klagreeMaftruck washVM'OD 4 provisions of this Agreement. CITY shalt have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the work shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. When directed to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or furnished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, Wsgree2000%truck washl29!00 5 for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavai".ability. B. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials fumished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at M times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. Wagme20WIuuck washl'2&'00 6 11. LIQUIDATED DAMAGES/DELAYS It is agreed by the parties hereto that in case the total work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Five Hundred Dollars ($500.00) per day for each and every working days delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for 7/Vagr=2000hruck wash312&'00 7 materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible. or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the furnishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of: (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such conditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; Maercc2000/truck aash3123/00 8 (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR will be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW sha'1 ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be 7/1L'&p=2000'vuck %2sh3/28M 9 paid such sum as will bring the payments of each month up to one hundred percent (100%) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work and the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terns of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, all firms supplying materials and all subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 7AVagrec20001uuck washl7M 10 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, caused in whole or in part by any negligent act or omission of the CONTRACTOR. and subcontractors, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including but not limited to concurrent active or passive negligence except where caused by the active negligence, sole negligence, or willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to California Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured against liability for workers' compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance cf the work hereunder. CONTRACTOR shall maintain workers' compensation insurance in an amount of not less than One Hundred Thousand Dollars ($100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers' compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish 71klag=2000/wck w-ash1,79'00 I I to CITY a certificate of waiver of subrogation under the terms of the workers' compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers' compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not lass than the following amount: combined single limit bodily injury and property damage, including productslcompleted operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a "deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE- ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy Is currently in force; Mdag "2000,truck %ash31M00 12 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days' prior written notice of CITY; and 4. shall state as follows: 'The above -detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar -type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at atl times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attomey for approval prior to any payment hereunder. 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to eomp'ete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement; in such event 7,Wagm*20M'truck wash3/2&'00 13 CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Government Code sections 1090 et seq. 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop notices, Notices to Withhold, or any similar legal document. Said obligation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 7/khgree2000'truck w3sh3t7&00 14 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attomey's fees. 71'arw20001nd wash3l28.'00 15 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. AMERICAN RESTORATION & CONSTRUCTION, INC. By: aul Hamilton, President AND By)5ieo�2ge ePorte, �Chie�fFinancial Officer REVIEWED AND APPROVED: 62� City AdYfifinistrator CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California ATTEST: dMW City Clerk APPROVED AS TO FORM: V-*-�— City Attorney R3� 00 ED D APPROVED: Director o Public Works 7/k/agree2000/truck wash3/28/00 16 SECTION C PROPOSAL for the TRUCK WASH FACILITY Water Operations 19001 Huntington' Street CASH CONTRACT No.1097 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF IIUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necessary therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into 'a contract at the following prices. The undersigned agrees to complete the work within 180 working days, starting from the date of the f Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY. RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lurnp sum prices bid include a_ll appurtenant expenses, takes, royalties, fees, etc., and will be guaranteed for a period of sixty days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertise the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. G1 PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written`in words Unit Price Extended Amount 1 Lump Sum Truck Wash Facility @ ► -,A,4cd Dollars jai n� `e12+�- �owrlse.4, u. d gly - C<<rk Cents Per Lump Sum 0 $ $ -LIPj 31 Total Amount Bid in Figures: $ /1 p 31 , 011 Total Amount Bid in Words: 4L)<s ,tji�� k'c" �cu C ,L )7 Gls If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 0 /301-0 in the amount of $ /1 03 . _ which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be). Bidder shall signify receipt of all Addenda here, if any: Addenda No. Date Received 4idderIs Signature C-2 LIST OF. SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by such subcontractor. Portion of Work Name and Address of Subcontractor State License -Number Class ll coFl1 IZRG h S t u S TbM Sit f- 4 r )LIT L 014 (v f�lfCln!£k sue• ��E 5a, �- �'1iL� �i�CfrzlG ' bg�b� � CA- Slnke►. ST 5 6av7AX.1;" 5j_Zj 1 14 Sl 3 A- AsPp.. By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not covered in the above subcontractors listing. 2. That the AGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. c-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of Orange Au ( 9. 96-,W,[ � , being first duly sworn, deposes and says that he or she is P12J�51Df c -r of 1?4 SJn.¢-�ic-/t-..the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Bidder Signature of Bidder ,13} N. C arcl��c-t�.�. �- �1 dt �I Address of Bidder [.�S 4ti,5 s t g s 50 odV Subscribed and sworn to before me this day of , 200 _ NOTARY PUBLICNOTARYSEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUNTINGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRUCK WASH FACILITY, CC-1097, (I)(we)(it) will employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: A person who, by reason of experience or instruction, is familiar with the operation to be performed and the hazards involved. " The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Cal -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -) % 2.2 aU Contractor By Title C-5 DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 143I0.5, the Bidder stall complete, under penalty ofpedury,'the following questionnaire. ' QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or local government project because of a violation of law or a safety regulation? - ❑ Yes � No If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. Gb COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6�hqloo — A-& t n l CK.. ✓leis �.&—r-1 C'h6a- Contractor By �icegdec� 7 Title C7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 4216/4217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4133 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: Contractor By Ae �'f �L ot— Title Date: 6 a%j 60 Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: rc0, Bidder Name 137 A-). 1 a �cG?A-ka.-? 81,- 1 Business Address -- LoS �tiS4(£S 6R- ` MV City, State Zip ( gO ) 4 -10 - Telephone Number �q `7' 3 6--J, A i 13 State Contractor's License o. and Class 5'F7 ;in 1 Date Issued �iration Date r The work site was inspected by �-� �� of our office on The following are persons, firms, and corporations having a principal interest in this proposal: S ho 1 i C-9 The undersigned is prepared to satisfy the'CounciI of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. 4. A I Cam- ,C f �,-�aa_!{-�r u.� t-e.. eL Ct A-5 in u e Company Name Signature of Bidder Printed or Typed Signature Subscribed and sworn to before me this day of ,149 . NOTARY PUBLIC fit¢ 06ti,,-r ' NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 1. f.r» 61Zq6A£ Name and Address of Public Agency 2. 3. Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Gt 0 TRUCK WASH FACILITY Water Operations 19001 Huntington Street CC 1097 ADDENDUM NUMBER 1 February 14, 2000 NOTICE TO ALL CONTRACTORS: Please note the following revisions to the project specifications: Note 61 on Drawing Number C-2 is changed to read - REMOVE EXISTING A.C. PAVEMENT AND CONSTRUCT 8-INCH PCC SLAB, APPROXIMATELY 3,000 S.F. SEE DETAIL AIC-5 All contractors are requested to acknowledge the receipt of this Addendum with your proposal. Very truly yours, Thomas A. Rulla Project Manager This is to acknowledge receipt and review of Addendum Number 1, dated February 14, 2000. It is understood that this revision shall be Included in the proposal. r Company Name By 4.1 L&0 Date Should you have any questions regarding this Addendum call me at (714) 536-5524. -Ctrntswed f V 4 of* ` COMPLETION AGENCY NAME CONTRACT TYPE OF WORK DATE 09!99 Palos Vary 9dmxA- DisvI0t --- - S260K — 5eisumeRgr - —3901 Via 1-a Selva.--- Palos Verdes Ea tfts,. CA 90274 (310) 344-0045 0&99 Sal, Diego State i13t V0,3ttg $159K Vuwm Deck Rapairs _ S300 Csttotule San Diego, CA (619) 997.1014 09199 Coy of 00eSMde $300K Semuc Report 300 N Cam Hay OoMmde, CA (760) 9664760 a 06199 City of Qntano $60K Stec R.epw 3M E 1113" Street OnMo, CA 91764 (909) 996-1151 04199 San Diego City Schools $190K Smpps Hr rh School Ramrooa 4100 Normal Suva * Sm Dwso, CA (619) 293-9462 03/99 City of Del Mar WOK powahouft liestoratttm P 0 Box #1183 Del t► m, Ca 92014 (619) 491-2997 00/00 Vanier Bead m wx 4000 Watm Blvd, &Ubaak, CA 9132.2 (819) 954-7105 L ~ 00,00 Hansom DOOM S137K t-lWAM Dam 11798 Foottull -8139 Late+new T atam CA 91342 (919) 934 e w c!� 3 IL z RA7 LO 0 s� Cbbda cd Page 3 of 4 CO MPUT10N AMNCY NA1 S CONTRACT `1'"E OF WORK ©ATE 12199 14it &nprt H* schoo113imet _ _ 5470K 4r Rtumm on 32 I lli n gcfngs - - - Pme Valley, CA 91962 (619) 277-5115 12/99 Kern Bakersfield Collage DksWct SUM Face Sege Retrofit 2100 Chester Avtme Bakersfield, CA 93301 (661) 336-5117 12194 R d Dawn Consftuch n S54K 15wJ=d Bell B Wg Removanom 7562 Trade Street San thego, Ca 92212 (310) 644-5581 10199 tJCSD Paahhes Design S215K S* Improve -norm Hovlt* 9500 Gilman Dnvt EA Jolly, CA 92093 (619) 82.E-2453 10199 City of Oceanside S79K l ibmy Enlrnnee Cover 300 N Cowt Hwy Ocemside, CA 92054 (760) 966-4752 09/99 city ofocastde 5326K Staub= Braoks 7weatre 300 N Cowc Hwy CDctumde, CA 92054 (160) %6-4752 09M Sam Dtt" Stets Universu-y $25K AAWCox Anna WSU $300 Cgbwamk Dnvv Sm 13iegq CA 92182 (619) 594-33S6 w `r s C�tcr+ned pw2of4 COMPLETION DATE AGgINCY NAME A11OP & PHONE CONIAACT l~'AIL� TYPE OF W02K 1PE1i l�ti�!l+IE�13 -- UCSO - v7 dit I gn - l K Bacbm Me&cdl Center La SoU CA 32093 (613f) 922-7,433 Z 0 V00 San logo Stye Unrvtxstly $134K Deck Costmg Repbommt 5300 Cale Dave Spa Diego, CA 92182 (619) 594.3396 �n 6l m San ihego SUte Umvcrsq S43K %gall Wain atty-Zura Hal3 5300 Campamle Dive ID z 3aa Dup. CA 92182 (619) 594-3386 L, 0U00 Sm DwSo Stare L`ruvemy $156K. Extmlor Renovmon Panmg 6161 ANa ado -Road San Diego, CA 92128 (619) 594.3243 12199 Con m wai Sft'vias bld&, & $133K Sm*mc Rewl0fit Good NFe%hbor Fewe Company 4420 E M xsluns Awme, #B - Anaheim, CA 92807 (714) 779-8774 S CD 12199 Fashion vfti )• Shopping Ct:fta $37K Parting Lot Bollards & t 1007 l'nm Road, #392 $3K 'F� Covert Repair SmDtW, CA 92109 (838) `97.3381 =' 12J99 Ora►ge Coast Ccslltge Distnat $264K Se c Rstrfl% 1370 Adams Avenme Costa AAesa, CA 92426 (714) 438.4679 li A,IVIRIC4N RIESTORA';C14N & C'ONS'I'R'L TION COWANY s CONSTRUCMN PROJECTS AND REIIRENCES w i MWLETION AGENCY NAB DA'i.'C ADORES & NZ Chinese Coug6ff#ated Bievolent Ass 4218 Tlur+d Ave 3aa Nego, CA 92101(619) 276 6555 06100 City of Sri Marcos 1 Civic Ceaw Dnve San IvlarcosS Ca 92069 (760) ', 44.1050 w QL 06100 ON of Santa Ana 20 Ci a Center Flwa, W-22 a Santa Aaa, Ca 92702 (714) 647-5042 04100 UCSD -- I;awhues Deup 9500 Wain Drive La Jot* Ca 920933 (859) 534-2177 03100 City of San Maws I Civic Ceder Drive San Marcos CA 92069 (760) 744 1050 R 47 s 03146 City of San mamos I Civic Center Drive &M Marcos, CA 92069 (760) 7444030 P11 --1 031W Cad of San )ago 27I E Main, Start San Jacmuo, Ca 02593 (909) 487 7330 ti CONTRACT $164K $247K $13M S95K S'329K S421K 526SK TYPE OF WORK PAi3itOMIED guilt Penovlboti mmon Sp" Pwic Itetroiit S Statson Ettr SIO Libroy System Upgrade Bradley Pule Improvements ItV 9*g Man Expansion Sam C Recro#it E suldilly lv &Man .FIRST NATIONAL INSURANCE COMPANY OF AKORICA PERFORMANCE BOND Conforms with The Amorican lrat]tuto of Ard-Riects AM Domment No. A-311 FIRST NATIONAL JNSVRANCJ: C01MAW OF AMERICA Ili] DROOCLVN AvE NE SEA11LE. WASIIINOION BIOS Bond No. 5887173 KNOW ALL BY THESE )PRESENTS: that American Restoration and Construction, Inc. as Ptlacipal. hereinttter called Contractor. and. FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a Mae InsMI evil owne wA o"ass or legal title Or Sursto corporation duly organized under the Uws of the Stile of W shington as Surety. berelnafter called Surety. are held and firmly bound unto City of Iluntington Beach as Obligee, berelnafter called Owner. In the &mount of ONE R=RED SEVENTY THOUSAND TIME TIUNDRED FOURTEEN AND 07/100**************************ibotlats(5170,314.07****** ). for the payment wbereof Contractor and Surety bind themselves. their heirs. etecutors, administrators. sucaessots and assigns. Jointly and severally. firmly by these presents. WHEREAS. Contractor has by written agreement dated April 5, 2000 . entered Into a contract with Owner for Truck clash Facility at Water Operations (CC 1097) In accordance with Drawings and Specifications prepared by QI,N Invert full name Ond adores■ or legal Jill• of ArMlteop which contract Is by reference made a part hereof. and Is hereinafter referred to as the Contract. dYriOY D 1:5'ELI GAIi..MT-.O:i. City Attorney. By: A. kw } "T 513 106 PERFORMANCE BOND NNW. THEREFORE. THE CONDITION OF THIS OBLIGATION is sock that. If Contractor shill promptly and faithfully perform said Contract. then this obligation shall be cull and void: otherwise It shall remain In full force and effect. The Surety hereby wives notice of any alteratlon or extension of time made by the Owner. Whenever Contractor shall be. and declared by Owner to be io default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default. or shall promptly 1) Complete the Contract In accordance with Its terms and conditlons, or 2) Obtain a bid or bids for completing the Contract In accordance with Its terms and conditions. and upon determination by Surety of the lowest responsible bidder. or. lithe Owner elects. upon determination by the Owner and the Surety jointly of the lowest responsible bidder. arrange fcr a contract between such bidder and Owner. and make available as Work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the talance of the contract price: but not exceeding. Including cther costs and damages for which the Surety may be liable tereunder. the amount set forth In the first paragraph tereof. The term -balance of the contract price." as used In this paragraph. shall mean the total amount payable by Owner to Contractor under the Contract . and any amendments thereto. less the amount properly paid by Owner to Contractor. Any suit under this bond must be Instituted before the expiration of two (2) years from the date on which fical payment under the Contract fallsdue. No right of action stall accrue on Ibis bond to or for the cse of any person or corporation other than the Owner named herein or the heirs. executors. administrators or successors of the Owner. S'Ined and sealed this 12th day of— AFr11, 2000, _ traction. Inc. . %.* jf Witness �� S r By: (Title) FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4Surety) lscall Witness By: Matthew R. Dobyns, Attorney in Fact 0-72IMP 1V92 Page 2 of 2 CALIFORNIA ALL-PURPOSE ACKNOWLED014CNT State of California County of orange On 4-12-2000 before me, Maly Angel — Notary Public VATI NAME TITLE OF OFFICER - E0. 14ANE OOE NOTARY P SUE' Na.29" personally appeared Matthev R. Dobyns N4Mo) OF SIONEN!;) , Cagy personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose nameW Ware subscribed to the within instrument and ac- knowledged to me that helmsexecuted the 'same In hisbmdAbuca authorized MARY ANGEL capacity and that by hi hoEx i COMM. #t2� signatureM on the Instrument the person(, N°r OOAW or the entity upon behalf of which the *0mmEq�ftj1' 00 person(# acted, executed the Instrument. WITNESS my hand and official seal. CLt VG TU OF NOTARY OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TMF4S) ❑ PARTNER(S) ❑ uMITED ❑ GENERAL C� ATTORNEY -INTACT ❑ YRUME(s) ❑ GUAF10W=NSERVATon ❑ OTIiER: - SIGNER IS REPRESENTING: ' KUXOFFULSOKSy0RETlIS DES) Tirst National Insurance Company of America DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT . NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NkMED ABOVE 01M NATIONAL NOTAAY ASSOCIATION • 8236 Rommel Ave., P.O. Sox 7184 • Canoga Park. CA 91309.7184 t FIRST NATIONAL INSURANCE COL*ANY OF AWRICA LABOR AND MATERIAL PAYMENT BOND Conforms with Ttw Amortcan Inat1tuto of ArcNtarts AJ•A. Docament No. A-311 FIRST NATIONAL INSURANCE C0/6VANY M AMERICA 1733 BROOKLYN AVE NE SEATTLE. WASHINOTON 1►11105 Bond No. 5887173 THIS BND O1! ISSUED 31MULTANEOU5LY WITH PERFORMANCE BONO IN FAVOR OF THE OWNER CMITIONEO ON THE FULL AND FAM FUL PERFORMANCE OF THE CONTRACT KNOW ALL BY THESE PRESENTS' that American Restoration and Construction, Inc. as Principal. hereinafter called Principal. and. FIRST NATIONAL INSURANCE COMPANY OF AMERICA. a corporation duly organized under the laws of the State of Washington as Surety. hereinafter called Surety. are held and firmly bound unto City of Huntington Beach as Obligee. berelnafter called Owner. for the use and beaeflt of chimints as hereinbelow defined. In the amount of ONE HUNDRED SIT= THOUSAND THREE HUNDRED FOURTEEN AND 07/100 Dollars ($170,314.07****** }. for the payment whereof Principal and Surety bind themselves. their heirs. executors. administrators. successors tnd assigns. jointly and severally. firmly by these presents. WHEREAS. Principal his by 'written agreement dated April' S; : 2000 • with Owner for Truck Wash Facility at Water Operations (CC 1097) In accordance with Drawings and Specifications prepared by entered into a contract which contract Is by reference grade a part hereof. and is herelnafter referred to as the Contract. APPROVED AS TO GAIT, 07TO:;, City Attorne; By: �, r` 3 oo s-at1]/Er IVoi Page, or 2 C'ne_e: LABOR AND MATERIAL PAYMENT BOND NOW,THER£FOB£, THE CONDITI ON OFTHIS OBLIGATION is such that, if Principalshall promptly makepayment test] claimants as hers inaf ter de lined, for all labor and material used or reasonably required forum in the performance of the Contract, then this obligation shall be void. -otherwise it shall remain In full force and off ect,subject.how ever, to the following pond i tions: 1. A claimant Is defined as one having a direct contract with the Principal or with a Subcontractor of the Principal for labor, material, or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to lnrlude that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Gun tract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such cli imant's work or labor was done or performed,or materials were fuo ishodbysuchclaimant,maysueonthisbondfortheuseofsuch cL imant,prosecute the suit to final judgment for such sum orsums as may be justly due claimant, and have execution thereon. The O.-nor shall not be liable for thepayment of any costs or expenses of anysuch suit. 3. No suit or action shall be commenced hereunder by say claimant - a) Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the fallowing: the Principal, the Owner, or the Surety above named, wi Win ninety (90) days of ter such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials Sl:,tled and sealed this 12th Witness were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified nail, postage prepaid, in an envelope addressed to the Principal,Owner ai Surety; at any place wben an office is regularly maintained far the transaction of business, or served in any manner in which legal process may be served in the state in which the aforesaid project im located, save that such service aeed oot be made by a public officer. b) After the expiration ofine(1)you following the date anwhich Principal ceased Work on said Contract. It being understood, however, that it any limitation embodied in this bond is prohibited by any law controlling the corstruction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a state court of competent jurisdiction In and for the county or other political subdivision of the state in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, Is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made In good faith hereunder. Inclusive of thepayment by Surety of mechanics'lienswhich may be filed of record against said Improvement, whetheror not claim for the amount of such lien be presented under and against this bond. dty of April, 2000 Ame ican Rest r ion n nstruction, Inc. Pi1n:1P11 1 By: f4010`' itle FIRST NATIONAL INSURANCE COMPANY OF AMERICA (Surety) 1 Gvv"z� ny: _ Hatthev R. Dobyns, Attorney in' Fact 3-12OVEP 11192 Page 2 of 2 CALWORNIA ALL-PURPOSE ACKNOWLEDGMENT State of califor la County of Orange NO. 5PV On 4-12-2000 before me, _ Mary Angel - Notary Public - CATtc NAMF-TITLE OF OFFKCEA -ECL, JA iE VM NOTARY hFBL]C personally appeared Matthev R. Dnb s WE0101r31GNMSj ' C� personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the personM whose nameM as/are subscribed to the within Instrument and ac- knowledged to me that heexecute d the 'same in his authorized capacity and that by hi Le Mggy�a� signatureM on the Instrument the person(, �;iZ?M > or the entity -upon behalf of which the person(s4 acted, executed the Instrument. Iyt�o1�n EppAuD an WITNESS my hand and official seal. si ATV CF NOTAAY OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER MT=) ❑ PARTNER(S) ❑ L mrrED ❑ GENEFi,AL 10 ATToFtNEY-tN-FACT ❑ TRUSTEE{S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SiGNSR IS REPRESENTING: VAM of PERSONR OF 1rIrlrrlrM First National Insurance Company of America DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES - DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE Ci 9S3 NATIONAL NOTARY ASSOCIATION - 9M Aemmet Ave.. P.O. Box 7334 - Cv*gs Park, CA 913M7184 t POWER FIRST NATIONAL INSURANCE COh1PANY OF AMERICA 4333 BROOKLYN AVE NE OF ATTORNEY SEATME, WASHINGTON 98105 4333 B-ooklyn Avenue N.E. Seattle, WA 98105 No. 10202 KNOW ALL BY THESE PRESENTS: That FIP.ST NATIONAL INSURANCE COMPANY OF AMERICA,,/a. Washington �/c�orrp/oration. does hereby appoint ................•....l...i............••"."...................MATT"�.. R DOB NS; Fullerton, Cali ......6"061.►...............0-s et 64960116 646006040 a its true and law'ul attomey(s)-in-fact, wiL) full ax:thority to execute on behalf of the company fxtefity and surety bonds or undertakings and other documents of a similar characte- issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE: COMPANY OF AMERICA thereby as fully as N such instrurne,its had been duly executed by its regularly elected officers at its home office IN WITNESS "'HEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERI;,A has executed and attested these presents this 3rd day of June � RA. PIERSON, SECRETARY CERTIFICATE . 1999 W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OFAMERICA: "Article'!, Section 13. - FIDELfTY AND SURETY BONDS ... the President, any Vice President, the Secretary, and arty Assistant Vice President appointed for that purpose by the ot5cer In charge of surety operations, shalt each have authority to appoint individuals as attorneys -In -fact or under other appropriate titres with authority to execule on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company In the course of its business... On any Instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any Instrument conferring such authority or on any bond or underta4ing of the company, the seat, or a facs`mile thereof, may be impressed or affixed or in any other manner reproduced, provided, however, that the seal shall not be necessary to the validiy of any such instrument or undertaking." Extract from a Resolution of Lhe Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28,1970. "On any certificate exec0ed by the Secretary or an assistant secretary of the Company setting out, () The provisions of Article V, Section 13 of the By-laws, and li) A copy of the power-cf-Mtomey appointment, executed pursuant thereto, and (ii) Certifying that said power -of attomey appointment is In full force and effect, the signature of the certifying officer may be by facsimile, and the seat of the Company may be a facsimile thereof.' I, RA. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing ex!racts of the By -Laws and of a Resolut on of the Board of Directors of this corporation, and of a Power of Attorney Issued pursuant thereto, are true and correct and that both the ByAjm-s, the Resolut,w and the Power of Attorney are still In full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seat cf said ogmrabon this 12 th day of A r11 2000 SEAL e 19 2 6�.+ 7� • s 'L RA. PIERSON, SECRETARY $-1049: FN EF 7r93 611'99 PD F AMERICAN RESTORATION ANd CONSTRUCTION LICK 749362, A&D I& April 21, 2000 City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Attn: Tom Rulla 1 Eric Sharlone SUBJECT: #E1097; HUNTINGTON BEACH TRUCK WASH FACILITY RE: MADUENANCE B4YD Gentlemen, Enclosed per your request, please find a Maintenance Bond for the above referenced project. Please do not hesitate to contact me if you have any questions or need additional information. Sincerely, AI`IERICAN RESTORATION AND CONSTRUCTION' Colleen Murph2Q-A— 'y Regional Operations Cop;powr: & RUL%q- 137 N. LARchsimy Blvd. 0212 - Los A%Cjlks, CA 90004 - (800) 830-3071 - Fax: (%2)404-4622 LAIOC RECj1ovA1 CONSTRUCTION O1110E: - (562) 404-2144 - FAX (%2) 404-4622 SD REQ0N,q CO-ISTRUCTIO-N OUICE: - (858) 547-4441 - FAX (858) 547-4417 ►o[SAFCC0- I=IRST NATIONAL SURETY MOLL EMNIUM CCPPCRATE PARK BLDG C 1L4o0 NE VN,ON MILL ROf-D REDFAXiD. WA Pees1 MAINTENANCE BOND Bond 5887173 KNOW ALI.13Y THESE PI2ES13-IN TS, 71at we, A*erican Restoration and Construction, Inc. as Principal, and FIRST NATIONAL INSURANCE: COMPANY OF AMERICA , a corporation organized tinder tbu laws of the State of Washington and duly authorized to do business in the State of Califronia as Surety, are held and firmly bound unto City of Huntington Beach as OL-ligec, in the penal start of _. One hundred seventy thousand three hundred fourteen and 071100 (s 170,314.07 1 to which payment well and truly to be made we do bind ourselves, our and each of our heirs, executors, administrators, successors and assig=ss jointly and severally, firmly by these presents. WI[EREAS. the said Principal entered into a Contract nith fire City of Runtington Beach _ dated April 5, 2000 for � Y Truck Wasb Facility at Water Operation (CC—ID97) WHEREAS, said Contract has been completed, and was approved on (ongoing) day of NOW, THEREFORE, TITS CO, iDMON OF FIRS OBLIGATION IS SUCH, That if the Principal shall guarantee that the work will be free of any defective materials or workmanship which became apparent during the period of One year(s) following completion of the Contract then this obligation shall be void, otherwise to remain in full farce and effect, provided however, any additional warranty er guarantee whether expressed or implied is extended by the Principal or Manufacturer only, and the Surety assumes no liability fa- such a guarantee. Signed and sealed this lath _ day of -_ Aril .2000 "O-VFNEF 10M9 American ,Restoration and Construction, Ir(c.mt1) (Seal) n071D AS TO FORM: ���4A - +iA (Seal) GAIL 1MT'f0:., City l:ttorae7---------- .�v�C F iNATIONAL INSURANCE f QMPANY,QF AMERICA Ise Wy Matthew R. Dobyna Attornr�-in-Feet 0 Registered trademark of SAFECO Coggrntion. CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange No.l9or On 4120100 before me, Mary Angel — Notary rublic DA71 NAIJS.'r7U OF OFFICER - EJM. •JME DOE NOTARY MEUC' personally appeared , _ Matthew P.. Dabgns NAME(S) DF 3:GKER(S) ® personally known to me - OR - d proved to me on the basis of satisfactory evidence to be the personM whose rlameM Ware subscribed to the within instrument and ac- knowledged to me that helblpexecuted the same In hiss authorized MARYAN,3EL capacityfWA and that by hl� L ��• 0t�� a signatureQ� on the instrument the person(r� t+arwrs�t�t,lc•cxFa�u ar the entity upon behalf of which the oroourtY my �'"�'����• person(jq acted, executed the Instrument. WITNESS my hand and official seal. SiGMA7VR OF 0 ARY OPTIONAL Though the data below Is not required by law, it may prove va'uable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER 7711.E;5; ❑ PARTNER(S) ❑ LIMrrED ❑ GENERAL ® ATTORNE> -!INTACT ❑ TRUSTEE(S) ❑ GUARDWVCbNSERVATOR ❑ OTHEFR SIGNER IS REPRESENTING: � eF tt�so�s�aat;rn7nGEs] First National Insurance Company of America DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES . DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE C 1993 NATIONAL NOTARY ASSOCIATION • 8236 Rommel Ave., P.O. Box 716/ • Carwra Pak CA 917o9-7134 t IMTE pwa!oDnY1 ACR CERTIFICATE OF -LIABILITY INSURANCE - O- � _�- _ _ 04/12/2000 ��- - *'1707) 374-6309 FAX (707)374-6804 THIS CERTIFICATE IS ISSUED AS A MATTER OF WFORMATION ugusto Insurance Agency Cl (W-I)IL � ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOESNOTAMEND, EXTEND OR 32 N. Front St. a O ALTER THE COVERAGES AFFORDS B POLICIES _BELOW. P.O.Box 916 COMPANIES AFFORDING COVERAGE Rio Vista, CA 94571 _ COMPA,n Royal Surplus Lines Insurance_Company AM- : Ext A MRlIRE7) - -- American Restoration & Const Inc. - ,�,,r,r —Everest National Insurance Company e 137 North Larchmont Blvd. ------ --- —-------------- $ 212 COMPAW C Los Angeles, CA 90004 - ---- - - CCI,IPAW D COYERAI.&S _ TKIS C TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE SEEN ISSUED TO THE INSURED NAKED ABOVE FOR THE POLICY PERIOD NIXArED. NOTWITHSTANDING ANY REQUIRE BENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUZUECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L>fMl'TS SHOWN MAY HAVE BEEN R=WCED BY PAID CLAD. Ca ' LTK TYPE OF Ei3URAMGE i POLICY ML01/ER POLIOY EFPICTNE POLICY EXPIRATION DATE (MYDWM DATI OMMONY, I URTa YENE+AL tIASE RY 1 GENERAL AGGREGATE : S 2,000,000 X i CO61AI0204AL GENERAL LIABILITY PRODUCTS - COMPAP AGG f 1,000,000 CLAIMS MADE 1 X i OCCUR! A _-= KZ8513760 j PERSOnuL a RN HNJHJRY S 1,000,000 04/05/2000!04/06/2001 X ! c-Amars a caymAcroas PROT 1 ! EACH OCCURRENCE : s 1, 000, 000 `RIZE DAMAGE wIY IMs, = : 50, 00-0 i I ! Mm Exp (" mw p mm) S 1,000 AiIT'OIIIosLE LIARLl1'Y I COMWED S&NGLE umrT E s ANY AUro i 1,000,000 i Al L dWT]FA AUTOS I — _ - k i BODILY VUURY : S B X s:xlmuEDAvrns 34000000SO-001 X ` 04/06/2000 04/06/2001 r � I---- -- -=- - - — — WED AUTOS X ' IYC*WMR+tEDAUTOS ' i 901ALY W4JURY: _ i PROPERTY DAMAGE S oARM E LIASLITY i ; AU►O ONLY . EA ACCDEMT s ANY AUTO Ell rl;3is'J AS TO I'UI:ZY: ? OTHER T1iANALUM Owl: - -- -- -- GLIL I:JTTON, City Attorney i EACHACC,DEW S AGGREGATE S EXCESS LWlLLRY ! I ? EACH OCCURREWX : S '. ! UMBRELLA FORM 1 ` r—' v ' AGGREGATE S ---- - - ----- ! i 0114ER THAN UMBRULA FORM INORKINS Coarsw"TIDM AND I I 7oRY LIMBS ! ER _=----_--�—___ ELrACHAOCCENT - ETHE PROPRJETORI 1 e I rxx j ; = EL DISEASE - POLICY LIMIT -- f - -- OFFEERSARE: 1 I EXCL I i IELDiSEASE-FAEMPLOYEE S OTHEfi 1 ! i { I ! I r 1 DE: CR911D%OF OPCRATX)NO&OCAT10NilY MIC:-=&4UbE:I1L RiNIS ALL CALIFORNIA OPERATIONS *SUBJECT: TRUCK WASH FACILITY PR03ECT:CC-1097 •CERT HOLDER IS SHOWN AS DDITIONAL INSURED PER ATTACHED FORM.*"THE ABOVE -DETAILED COVERAGE IS NOT SUBJECT TO ANY DEDUCTIBLE OR ELF -INSURED RETENTION OR ANY FORM OF SIMILAR -TYPE LIMITATION EXCEPT PROPERTY DAMAGE HASA S25DO.00 DED. CERTIFWJtTE HOLDER = _ .-- _ - - - _ _ - _ _ _.. _ _-. _ - CAMCELL.ATNM _ - SHOULD ANY OF THE AWVE DERVI ED POLICIES SE CANCELLED SEPORE THE EXPRATION DATE THEREOF. THE IiSWS0 COWANY WLLMMOWIi MAIL CITY OF HUNTINGTON BEACH 3 0 tIAYS W$tMM NOTICE To THE CERT MATE WXDER MAMM TO THE LIFT, ATTENTION: ERIC CHARLONNE P. 0. BOX 190 HUNTINGTON BEACH, CA 92648 AUT11OISME0AFPRESEN7A /� (. ACORD 26S JIM) - _. __ - :. _. -. - - —I-C4_%,2S7 -" "CORD CORPORATION f . . ..4 - - k..� L.) AMERICAN RESTORATION & CONSTRUCTION, INC. POLICY NUMBER: K233513760 e-'IT Cl nl ju C,gINMIERCIAL GENERAL LIABILITY 1) No. hM lam, THIS ENDORSE`IENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - O' NERS, LESSEES OR CONTRACTORS (FORINI B) This endorsement modifies Insurance provided under the following CO.WMERCIAL GENERAL LIABILITY COVERAGE PART. SCHEDULE Name of Person or Organization: CITY OF HUNTINGTON BEACH ITS AGENTS, OFFICERS AND E1%IPLOYEES P. O. BOX 190 HUNTINGTON BEACH, CA 92648 &.e?;WYLD AS TO FORM: GAIL IIUTTON, City Attornep BY: S�eu3� C.a,sw�rf s I3I (if no entry appears above, information required to complete this endorsement will be shown in the declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the schedule, but only with respect to liability out of "your work" for that insured by or for you. "CONTRACTORS LNSURANCE SHALL BE PRI.NIARY INSURANCE AS RESPECTS TO ANY CLAU1S, LOSSES OR LIABILITY ARISING DIRECTLY OR INDIRECTLY FR011 THE CONTRACTOR'S OPERATION'S AND OTHER INSURANCE NIAINTAIN'ED SHALL BE EXCESS AND NOT CONTRIBUTORY WITH THE INSURANCE PROVIDED THEREUNDER." CG 20 10 1185 Copyright, Insurance Services office, Inc. 1984 SATE CUMPUNSATION 8"MkUMwta0ei FUND AML 24, 2WO P.O. BOX 42MO7, SM FR ANCISCO, CA 9 4142-0807 _ „ ��_80 flit. N� f�` CERTIFICATE OF WonKER& COMPENSATION INSURANCE r CITY OF iiiWIMM BEACH PUSLIC NM 2M N&M BT M li MIYMM ZZA H CA MR8 L POLICYNUMeJ:Il: 24•00 UNIT 0029M carnrnc^m txetasa: 1-1-02 JOB: TRUCK WASH a WATER OPERATIONS YARD 29wl MMIMM sT M Tl 111 is t^ CO" that wa hM lasued a ward Workert Compertgatlon Insurance polloy ir, a form approved by tits Calilarnta Ins 1rarce Cnmtnls>rorw to ttM emplcyor 04Msid below for the p1w period Indicated. Th:a Policy Is not subject to cancsttaWn by the Fund except upon days' edva" wrRtsn nct,ce to bte ernployv 30 We will also olve y04NN days' advance natice should MIA podgy be ftnoelled prior to its normal expiration. TMO certircate cf lttsurartas is not an b*uranco policy am dose not amanv. exond or alter the ooaerape a!fordea by ne panolet Wed Mersin. Notwrt "nding arty requirement. torn. or condition of any contract or ether dcoutnent wM respect to wrSJch this oeriTmoats of Irsurartce rosy be issued or may ptrWn. the Incurtnce afforded t3y !nt wltft doa iribed here n is &Ubjoatto aJi " trans, exclusions and condtons tM such polloWw er.4TATIVE AVM-4Oft12!'OAa0rlAts�DENT lffW "B LIABILITY LIMT IKCLU 60 DBi M OCM: 31,0D0.0DO M Qp CM. BNLMMW #0I5 BMTM ADDITIOPAL IMM VVID CER EFFECTIVE 04/24/00 18 ATTAM 70 AND in M A PART OF THIS POI.IGT. 3 OF AMITIML YIlIMM: CITY OF HI31 196'M BEACH DE" OF PUELIC WOMM ENDCI$8m= 01M MIMD MMFICM 19OL1=0 NOTICE IFFG'IIVE 4[li-4/00 IS ATTAOO TO AND MW A PART OF TR'IS POLICY. EMPWYM r A8MCM Rase MT1011 MID CMsrR MON INC 23? N LARD 90 212 Zr.S &MaMn CA OW04 APPEOVED AS TO FOB.:: GGO`_iAIL MUTTO, City Attorne.? yu Yv O'b L 1/1Id ILO'ON 04w- . wun-.01 e00.?•d2'scoj. Ln R - R9 PfM)f Dfri �. W 00" , DPW . Council/Agency Meeting Held: 3 00 Deferred/Continued to: IM(Approved ❑ Conditionally Approved ❑ Denied _ 7-0 Oqi City Clerk's Siqnature Council Meeting Date: March 20, 2000 Department ID Number: PW 00-26 CITY OF HUNTINGTON BEACH REQUEST FOR ACTION SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS = �'--- s SUBMITTED BY: RAY SILVER, City Administratoraa cn rt-- PREPARED BY- „ R013ERT F. BEARDSLEY, Director of Public Works Z, SUBJECT: AWARD CONSTRUCTION CONTRACT FOR THE TRUCK WASH; FACILITY PROJECT AT THE WATER OPERATIONS YARD, CC 1097 Statement of issue, Funding Sourcn, Recommended Action, Alternative Action(s), Analysis, Environmental Status, Attachment(s) Statement of Issue: Bids were received on February 24, 2000 for the Truck Wash Facility Project at the Water Operations Yard, CC-1097. Staff is recommending award to the lowest responsivelresponsible bidder. Funding Source: Funds for this project are available in the Water Capital Improvement Budget. Recommended Action: Motion to: 1. Accept the low bid submitted by American Restoration and Construction, Inc., 137 N. Larchmont Boulevard #212, Los Angeles, CA. 90004-3704; and authorize the Mayor and City Clerk to execute the appropriate construction contract for the Truck Wash Facility Project at the Water Operations Yard CC-1097, for a total bid amount of $170,374.70; and 2. Authorize the Director of Public Works to expend a total of $207,375.00 to cover the contract amount of $170,374.70, an estimated construction change order contingency of $17,000.30 and supplemental expenditures of $20,000.00. Alternative Action(s): (1) Reject all bids, do not proceed with construction, and direct staff on how to pursue project. (2) Deny award of the contract to American Restoration and Construction, Inc., and select one of the other responsive/responsible bidders. REQUEST FOR ACTION MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-26 Analysis: On July 6, 1,099, the City Council authorized a call for bids for the Truck Wash Facility at the Water Operations Yard. Due to structural investigations underway at Overmyer Reservoir, other priorities, and staff workload, this project was not advertised to bid until January 2000. Bids were received and opened publicly on February 24, 2000. The project will bring the city into compliance with the National Pollutant Discharge Elimination System (NPDES) requirements by providing clarification for sediment control. The Truck Wash Facility Project will allow City personnel to efficiently wash large vehicles on City premises, as opposed to taking them to commercial wash facilities unable to accommodate large equipment. Staff knows of no wash facilities in the near vicinity able to accommodate large vehicles and equipment. Catwalks are included in the proposed truck wash facility, which would allow City personnel to easily wash the top of the vehicles. Keeping the trucks clean reduces corrosion, thereby increasing the life of the vehicles, and demonstrates to the public that the City takes good care of its equipment. Summarized below, by order of least dollar amount, are the bids submitted to the City of Huntington Beach. The low bid is within 6.5 percent of the engineer's estimate of $160,000. Contractor Bid Amount 1. American Restoration & Construction, Inc. $ 170,374.70 2. Train Johnson $ 180,839.00 3. Merta Mechanical Company S 183,101.00 4. G & A Construction S 184,299.50 5. Atlas -Allied, Inc. S 188,920.00 6. Metro Builders & Engineering Group $ 197,337.00 7. Harick Construction, Inc. $ 211,577.00 8. Four Con Engineering, Inc. S 216,575.00 9. [MAC Construction, Inc. S 230,000.00 10. R. Fox Construction S 230,000.00 11. Newman Midland Ccrp. S 305,362.00 The actual costs of construction are: Contract Amount (American Restoration) S 170,374.70 Project Change Orders (est.) 17,000.30 Project Supplementals (est.) 20.000.00 TOTAL $207,375.00 Examples of supplemental expenditures include soils, material, and compaction testing; as well as field deputy inspection services as required. Public Works Commission Review: The Commission reviewed and recommended approval of the project on May 19, 1999 by a 6-0 vote, with one Commissioner absent. Truck Wash RCA.doc -2- 031141001:28 PM REQUEST FOR ACTION MEETING DATE: March 20, 2000 DEPARTMENT ID NUMBER: PW 00-26 Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): 1. 1 Location Map RCA Author. D. DeBow:gc Truck Wash RCA.doc -3- 03114/00 1:28 PM ATTAC M N I Q� S m 9y z H.c'�IAD SA AvE. CO 0 V I DENVE. ZEOtNOER " AVE. -J o 0HElt U a r ¢ AVE. m z 0 a 0 w o - a N a 0 WARNER (A V' q AVE. 4 1 SLATER AVE '9C /C� TALBERT AVE. PACiPIC ELMS AVE. G�0 9,s►J, AFFIEL IN I PROJECT L OCA TION CA `405� . AVE. IA � AVE. lEn ADA9s I AVE. D NAPvLIS AVE. X 0 0 J C OF,TLANTA c� z X AV>=. U'— W Z 1 FlAM:LTON AVE. OCEAN ,�, 8ANNtNC AVE.7J) G.• VCAD jCC1097\Lccc;icn.�� ATTACHMENT #1 PROJECT LOCATION _MAP TRUCK WASH FACILITY PROJECT, CC--1097 �10B CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works Department SUBJECT: AWARD CONSTRUCTION CONTRACT FOR TRUCK WASH FACILITY AT WATER OPERATIONS YARD COUNCIL MEETING DATE: March 20, 2000 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (w/exhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (w/exhibits if applicable) (Signed in full by the City Attorney) Not Applicable Subleases, Third Party Agreements, etc. (Approved as to form by City Attorney) Not Applicable Certificates of Insurance (Approved by the City Attorney) Not Applicable Financial Impact Statement (Unbudget, over $5,000) Not Applicable Bonds (If applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: PROOF OF PUBLICATION STATE OF CALIFORNIA) County of Orange I am a Citizen of the resident of the Cou over the age of eighte SS. United States and a my aforesaid; I am en years, and not a party to or interested in the below entitled matter. I am a principal clerk of the HUNTINGTON BEACH INDEPENDENT, a newspaper of gLneral circulation, printed and published in the City of Huntington Beach, County of Orange, State of California, and that attached Notice is a true and complete copy as was printed and published in the Huntington Beach and Fountain Valley issues of said newspaper to wit the issue(s) of: January 27, 2000 February 3, 2000 February 10, 2000 I declare, under penalty of perjury, that the foregoing is true and correct. Executed on February 10� 2000 at Costa Mesa, California. ignature SECTION A NOTICE INVITING SEALED BIDS for the TRUCK WASH FACILITY CASH CONTRACT No.1097 In the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN brat Me CITY OF HUNT- INGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids In the office of the CIN Clerk, Second Floor, �000 Maln Street, Huntington Beach, Cefi- fomla W. up to the tour of 2.00 PM on Feb- ruary 24, 2000. Bids will be pubI111%opened In the Council CChambers un- less otherwise posted. Copies of the Plans, Specifications, and con- tract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648 upon payment of a �15.00 nonrefundable fee if :,coed or payment I a $n.00 nonre�tuundable Any ContrW into pursuant to � nod-. tice will Incorporate the previsions of the State Labor Code. Pursuant to the provisions the State Labor Code of the State of California, the min- imum prevailing rate of per diem weges for each craft, rcassification or type of workman needed to execute the contract shall be those de- termined by the Director of Industrials Relations Of the State of CalBomia, which are on Ile at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92646. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an escrow holder surety of equal value to the reten- Lion in accordance with the provisions of the Cal- ifornia Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive arty Interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be af- forded full opportunity to submit bids in response to this notice and will not be dlscxlminated against on the basis ct race, color, national origin, arms In any try, seconsx oidere Ionr rel leading to the award of 1 contact. No bid shall be con- sidered unless It is prepared on the ap- :proved Proposal forms Pn contormance with the Instructions to Bidders. The bid must be ac- companied by a ce" check, cashier's check, or bidder's bond made for payable to the AGENCY an amount no less than 10% of the amount bid. The successful bid- der shall be licensed In accordance with provisions of the Busi- ness and Professions Code and shall possess a State Contractoes ,License Class at the time of the bid opening. The successful Contrac- tor and his subcon- tractors will be required to possess business licenses from the AGENCY. The AGENCY re- serves the right to reject any or all bids, to waive any krequlad and to take of bids under advisement for a maximum period of BO days. ORDER of the CITY COUNCIL of the CITY QF HUNTINGTON BEACH, CALIFORNIA, The 7th day of July 1998. AtbM: Connie CLERK OF THE CRY OF HUNTINGTON BEACH Published Huntington Beach -Fountain UaloMy Independent January 27, February 3,10, 2000 013-M Ci ( GITY�OF Hu T INGTON BE Cii, CA 1000 FEB 214 P 2- 01 CH Y CLERK CITY OF !iUNTINGTON 5-EACH. CA 1000 FEB 2 u P 2� 00 p COPIES TO: Suzi/janelle Geneil City Clerk } TRUCK WASH FACILITYAT WA TER OPERATIONS CC-I097 February* 24, 2000, 2:00 PM (Engineer's Estimate: S160,000) .BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. American Restoration $ 37f-, d 2. Atlas -Allied, Inc. $ /�S 9.Zo.aa 3. Ceman Enterprises S 4. Four Con Engineering, Inc. S 3. GCI $ b. Gradient Engineering $ 7. Harick Construction, Inc. . $ a 1/1 577. 00 13. IMAC Construction, Inc. $ a3© 400� �f1 9. Kenneth R. Chamberland $ 10. Lloyd Engineering Corp. $ 11. Macoy Resources Corp. $ 12. Martec Construction, Inc. $ Page one of two ACC-109 7 BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 13. Merta Mechanical Company CA,/" c ) W-3 $ t83 Jol, 00 14. Metro Builders & Engineering Group $ M, 337, oa 15. Moradi Construction $ 16. Newman Midland Corp. $ 3 0 � 3 6 a, o0 17. Parson's Construction Company $ 18. R. Fox Construction $ 1030) 000,400 19. Ralph Colella $ 20. RCNA $ 21. RJS Construction $ 22. Syram International Inc. $ 23. The Tyree Organization $ 2V G V q de-Wstrucfi a" $ i s�f, zqq-so as- Tra fP7 12109 TcAn Sex-L ffa Page two of two O 1s0* �3 Q• 00 COPIES To: Suzi/Janelle Geneil City Clerk TR UCK WASH FACIRITYAT WATER OPERATIONS CC-1097 February 24, 2000, 2:00 PM (Engineer's Estimate: $160,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. American Restoration $ f7a -37�-' 7 e 2. Atlas -Allied, Inc. $ 9.2o.a4 3. Ceman Enterprises $ 4. Four Con Engineering, Inc. $ 5. GCI 5 6. Gradient Engineering $ 7. Harick Construction, Inc. $ .s 77. 00 S. IMAC Construction, Inc. $ a3o 600, Ao 9. Kenneth R. Chamberland $ 10. LIoyd Engineering Corp. 5 11. Macoy Resources Corp. $ 12. Martec Construction, Inc. $ Page one of two zztoavm CC-1097 BID LIST BIDDER'S NAINIE RANK TOTAL BID AINIOUl`'T 13. Merta Mechanical Company 'MIN C) �/-3 $ l03, /O/, 00 14. Metro Builders & Engineering Group S If 7_) 337• op 15. Moradi Construction 16. Newman Midland Corp. 17. Parson's Construction Company $ 18. R. Fox Construction $ a3o} 000,ao 19. Ralph Colella $ 20. RCNA $ 21. RJS Construction $ 22. Syram International Inc. S 23. The Tyree Organization $ 2q Gdc $ T,* # vi /80, FBI?, 00 Page two of hvo 12108 r COPIES TO: Suzi/ janelle _ Geneil City Clerk TRUCK IT ASH FACILITYAT WATER OPERATIONS CC--10/ February 24, 2000, 2:00 PM (Engineer's Estimate: $160,000) BID LIST BIDDER'S NAME RANK TOTAL BID AMOUNT 1. American Restoration ,{ 1. $ 170 37f, 7 e 2. Atlas -Allied, Inc. S M 1720.06 3. Ceman Enterprises S 4. Four Con Engineering, Inc. $ 5. GCI $ 6. Gradient Engineering $ 7. Harick Construction, Inc. $ atIJs77.00 S. IMAC Construction, Inc. $ .230 aOr?, AO 9. Kenneth R. Chamberland $ 10. LIoyd Engineering Corp. $ 11. Macoy► Resources Corp. $ 12. Martec Construction, Inc. $ Page one of two 12108v2o e CC--10/ / BID LISP' BIDDER'S NAME RANK TOTAL BID AMOUNT 13. Merta Mechanical Company $ /83, /o/, 00 14. Metro Builders & Engineering Group $ M7, 337, oa 15. Moradi Construction $ 16. Newman Midland Corp. $ 3 os 3 6,7, oa 17. Parson's Construction Company $ 18. R. Fox Construction $ a30) ono, 00 19. Ralph Colella $ 20. RCNA $ 21. RJS Construction $ 22. Syram International Inc. $ 23. The Tyree Organization $ 2q $ as r �� q-0 WE Page two of two S /F.0 , F3 9. 00 SECTION A NOTICE INVITING SEALED BIDS for the TRUCK WASH FACILITY CASH CONTRACT No. 1097 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNT- INGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, Cali- fornia 92648, up to the hour of 2:00 PM on Feb- ruary 24, 2000. Bids will be publicly opened in the Council Chambers un- less otherwise posted. Copies of the Plans, Specifications, and con- tract documents are, available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. . Any Contract entered into pursuant to this no- tice will incorporate the provisions of th'e State Labor Code. Pursuant to the provisions the State Labor Code of the State of California, the min- imum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those de-. Jermined by the Director of Industrials Relations of the State of California, which are on file at the Office of the,,Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will de- duct a 10% retention from all progress pay- ments. The Contractor may substitute an escrow holder surety of equal value to the reten- tion in accordance with, the provisions of the Cal= ifornia Government Code, Section . 4590: The Contractor shall be beneficial owner of the surety and shall receive, ,any interest thereon. The AGENCY hereby affirmatively ensures' that minority business � enterprises will be of forded full opportunity to submit bids in response to this notice and will not be discriminated against on the basis of race, color, national origin, ancestry, sex or religion in any consideration , leading to the award of contact. No bid shall be con- I sidered unless it is prepared on the ap- proved Proposal forms in conformance with the Instructions to Bidders. The bid must be ac- companied by a -certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less, than 10% of the amount bid. The successful bid-, der shall be licensed in accordance with �Pss and Professions V..oae and shall possess a State Contractor's License' Class at the time of the bid opening. The successful Contrac- tor' and his subcon- tractors will be required to possess business licenses from the AGENCY. The AGENCY re- serves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 7th day of July 1999. -- Attest: Connie Brockway, CITY CLERK OF THE CITY OF HUNTINGTON BEACH Published Huntington Beach -Fountain Valley Independent January 27, February 3, 10, 2000 013-028 HUNIINGTON BEACH a FOUNTAIN VALLEY Independent THE hEWPORT BEACH • COSTA MESA PILOT Client Reference # Independent Reference -OZ Dear Advertiser: Enclosed please find clipping of rour ad from the first publication, beginning7-Za If you need to make any changes or corrections, please call me at your earliest convenience. The cost of this publication will be $ Thanks for your cooperation and patronage. Sincerely, J.idy 0 tting Manager Legal Advertising Department 18682 Beach Boulevard, Suite 160 Huntington Beach, CA 92648 (714) 965-3030 (714) 965-7174 FAX Independent TLYKT4K6T"s ACMWPWTAIM VAIN • f41461T INEACK 18682 Beach Blvd., Ste. 160, Huntington Beach, Ca 92646 ���a1s-��6a zti f V J11 TM 7 ♦ � AI Z 1 V D /' /,� R fL7METfeR i 702�166 U.S. POSTAGE t City of Huntington Beach Attn. City Clerk 2000 Main St. Huntington Beach, CA 92647 IIIlls 1111111tell lt+1111llt�itlf�tlll�t[tll�tl z-co AyPot NOTICE INVITING SEALED BIDS for CC-1 089 Notice is hereby given that scaled bids will be received by the City of Huntington Beach at the office of the City Clerk at City Hall. 2000 Main Street, Huntington Beach, CA 92648, until the hour of 2:00 P.NI on Alarch 21, 2000, at whi-.h time bids will be opened publicly and read aloud in the Council Chambers for the SLATER CHANNEL IMPROVEMENT PROJECT in the City of Huntington Beach. A set of plans, specifications, and contract documents may be obtained starting February 24, 2000 at City Hall, Department of Public Works upon receipt of a non-refundable fee of $70.00, sales tax included, if picked up or $80.00 if mailed. Each bid shall be made on the Proposal Form proridcd in the contract documents, and shall be accompanied by a certified or cashier's check or a bid bond for not less than 10% of the amount of the bid, made payable to the City of Huntington Beach. The Contractor shall, in the performance of the work and improvements, conform to the Labor Code of the State of California and other Laws of the State of California applicable thereto, with the exception only of such variations that may be required under the special statutes pursuant to which proceedings hereunder are taken and which have not been superseded by the provisions of the Labor Code. Preference to labor shall be given only in the manner provided by law. No bid shall be considered unless it is made on a form furnished by the City of Huntington Beach, Department of Public Works, and is made in accordance with the provisions of the proposal requirements. Each bidder must be licensed and also prequalified as required by law. The City Council of the City of Huntington Beach reserves the right to reject any or all bids. By order of the City Council of the City of Huntington Beach, California the 7th of February,.2000. Connie Brockway City Clerk of the City of 1 iunting,ton Beach 2000 Main Street. (714) 536-5431 1089 city Uerk n.i.s.b. Council/Agency Meeting Held: V&/ Y i Deef rred/Continued to: Qd Approv L❑�- C ndi ' g Apr ved 0 De ied ill Ci erk's Signa z Council Meeting Date: 716199 Department ID Number. CITY OF HUNTINGTON BEACH REQUEST FOR COUNCIL ACTION /gla - P1le ►�� &AkMi.ey—P9A4& 400. ro PW 99-43 s SUBMITTED TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS SUBMITTED BY: RAY SILVER, City Administra` PREPARED BY: ROBERT F. BEARDSLEY, Director of Public Works op SUBJECT: Approve and Authorize Advertisement for the Truck Wash Facility aE the Water Operations Yard, CC-1097 t Statement of Issue, Funding Source. Recommended Action, Alternative Actions), Analysis, Environmental Status, Attachment(s) Statement of Issue: Plans and specifications for the improvement of the Truck Wash Facility at the Water Operations Yard, CC-1097, are complete and ready for Council approval and project bidding. Funding Source: The funds for this project are available in account EW-PW-890-6-39-00 in the amount of $157,400. Recommended Action: Motion to: 1. Approve plans, specifications and authorize the Director of Public Works to solicit bids for construction of the Truck Wash Facility at the Water Operations Yard, CC-1097. 2. Approve the attached sample contract subject to award of contract to the lowest responsible/responsive bidder. Alternative Action[s}: Deny authorization to proceed with the contract bid and direct staff on how to proceed. Analysis: The Water Warehouse Improvements is a project that began in 1989; however, the budget was insufficient to construct all the improvements that were designed. Replacement of the underground fuel tanks and a truck wash facility were deferred because of insufficient funds. The replacement of the underground fuel tanks was recently completed; now, the only remaining work is the construction of the truck wash facility. The design of the facility is complete and the design consultant (Cash & Associates) is in the process of obtaining a permit from the Building Department. The Truck Wash Facility Project will allow City personnel to wash large vehicles on City premises as opposed to taking them to commercial wash facilities. City personnel are reluctant to take the trucks to commercial facilities because of the time required to get to the REQUEST FOR COUNCIL ACTION MEETING DATE: 716199 DEPARTMENT ID NUMBER: PW 99-43 facility and to wait in line for their turn. Also, the self serve commercial facilities are not wide enough, and the sites are not big enough to maneuver the wider and longer rigs. With the lack of catwalks at the commercial facilities, City personnel cannot adequately wash the bigger trucks in their fleet. Catwalks are included in the proposed truck wash facility, which would allow City personnel to easily wash the tops of the vehicles. The wastewater in this proposed facility will not be recycled as it would be in commercial facilities because the relatively low volume of water used does not justify the expense of recyiing. However, the wastewater will be processed through a clarifier before it enters the sewer system. Keeping the trucks clean not only demonstrates to the public that the City takes good care of its equipment, but also reduces corrosion and thereby increases the life of the vehicles. Public Works Commission Review: The Commission reviewed and recommended approval of the project on May 19, 1999. Environmental Status: This project has been determined to be Categorically Exempt pursuant to the California Environmental Quality Act, Section 15301 (c). Attachment(s): RCA Author. Kato RCA TRUCK WASH CC1097 -3- 06/2419910:45 AM i AT'TACH1VIEloTT 1 m �C0 Q`P BOLSA AVE. cn to to V) m Mc FADDEN VE a w AVE. _zEDINGE � J Z = o �HEIL u Q (n a AVE. a of Zz d a 3n Ll m 0 � a o a O WARNER N w o t' AVE. V 10 SLATER AVE. TALBERT I AVE. PACIFIC ELLIS AVE. C'0 Al 9sr l�l ARLI=L PROJECT LOCH TION OCEAN ADANIS INDIANAPOLIS 4 TLANTA n J o z < z � u Li Z a \ W H MIL �Y 405 AVE. � w n En N AVE. 3 AVE. Ln AVE. _ Y O O O a Q:: AVE.cc m AVE. INING G. \A CAD\ CC109 7 \Location. dwg ATTACHMENT_ #1 PROJECT LOCATION_ MAP TRUCK WASH FACILITY PROJECT, CC--1097 � CITY OF HUNTINGTON BEACH DEPARTMENT OF PUBLIC WORKS ATTAC M NT 2 Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRUCK WASH FACILITY AT WATER OPERATIONS YARD (CC-1097) THIS AGREEMENT, made and entered into this day of 199_, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY," and , a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, CITY has solicited bids for a public works project, hereinafter referred to as "PROJECT," more fully described as truck wash facility at Water Operations Yard (CC-1097) in the City of Huntington Beach; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, In consideration of the promises and agreements hereinafter made and exchanged, the parties covenant and agree as follows: STATEMENT OF WORK: ACCEPTANCE OF RISK CONTRACTOR shall furnish, at its own expense, all labor, plans, tools, equipment, supplies, transportation, utilities and all other items, services and facilities necessary to complete and construct the PROJECT in a good and workmanlike manner. CONTRACTOR agrees to assume the risk of all loss or damage arising out of the nature of the PROJECT, during its progress or prior to acceptance, from the action of the elements, from any unforeseen difficulties which may arise or be encountered in the prosecution of work, and for all other risks of any description connection with the work, including, but not limited to, all expenses incurred by or in consequence of the suspension or discontinuance of work, except such as are herein expressly stipulated to be borne by CITY, g:agree:form:con-sam:W02199 1 SAMPLE and for well and faithfully completing the work within the stipulated time and in the manner shown and described in this Agreement, and in accordance with the requirements of CITY under them for the compensation set forth in the accepted bid proposal. However the total compensation to be paid is to be computed on the basis of the units of work as it is actually performed, in accordance with the stipulated prices named in the Bid Sheet(s). 2. ACCEPTANCE OF CONDITIONS OF WORK: PLANS AND SPECIFICATIONS. CONTRACTOR acknowledges that it is fully familiar with all the terms, conditions and obligations of this Agreement and the Contract Documents (as hereinafter defined), the location of the job site, and the conditions under which the work is to be performed, and that it enters into this Agreement based upon its investigation of all such matters and is relying in no way upon any opinions or representations of CITY. It is agreed that the Contract Documents are incorporated into this Agreement by this reference, with the same force and effect as if the same were set forth at length herein, and that CONTRACTOR and its subcontractors, if any, shall be bound by said Contract Documents insofar as they relate in part or in any way, directly or indirectly, to the work covered by this Agreement. "Contract Documents" as defined herein mean and include: A. This Agreement; B. Bonds covering the work herein agreed upon; C. The CITY's standard Plans and Specifications and special contractual provisions, including those on file in the office of the Director of Public Works of CITY and adopted by the City Council of CITY, and any revisions, amendments or addenda thereto; D. The 1997 edition of Standard Specifications for Public Works Construction, published by Builders' News, Inc., 3055 Overland Avenue, Los Angeles, CA g:agreeJorrn:con-sam:0610ZV9 2 SAMPLE 90034, and all amendments thereto, written and promulgated by the Southern California chapter of the American Public Works Association and the Southern Califomia District Associated General Contractors of the California Joint Cooperative Committee; E. Bid documents including the Notice Inviting Bids, the Special Instructions to Bidders and the CONTRACTOR's proposal (attached hereto as Exhibit "A"); F. The particular plans, specifications, special provisions and addenda applicable to the PROJECT. Anything mentioned in the Specifications and not indicated in the Plans or indicated in the Plans and not mentioned in the Specifications, shall be of like effect as if indicated and mentioned in both. In case of discrepancy between any plans, specifications, special provisions, or addenda, the matter shall be immediately submitted by CONTRACTOR to the Department of Public Works of CITY (hereinafter referred to as "DPW"), without whose decision said discrepancy shall not be adjusted by CONTRACTOR, save only at its own risk and expense. Should there be any conflict between the terms of this Agreement and the bid or proposal of CONTRACTOR, then this Agreement shall control and clothing herein shall be considered as an acceptance of the terms of said bid or proposal which is in conflict herewith. 3. COMPENSATION CITY agrees to pay and CONTRACTOR agrees to accept as full compensation for the faithful performance of this Agreement, subject to any additions or deductions made under the provisions of this Agreement or the Contract Documents, a sum not to exceed Dollars ($ ), as set forth in the Contract Documents, to be paid as provided in this Agreement. 4. COMMENCEMENT OF PROJECT CONTRACTOR agrees to commence the PROJECT within ten (10) working days after notice to proceed is issued and shall diligently prosecute PROJECT to completion g-agreelorm:con-sam:06/02/W 3 SAMPLE within (_____) consecutive calendar days from the day the *Notice to Proceed" is issued by DPW, excluding delays provided for in this Agreement. 5. TIME OF THE ESSENCE The parties hereto recognize and agree that time is of the essence in the performance of this Agreement and each and every provision of the Contract Documents. CONTRACTOR shall prepare and obtain approval as required by the Contract Documents for all shop drawings, details and samples, and do all other things necessary and incidental to the prosecution of its work in conformance with the progress schedule set forth in the Contract Documents. CONTRACTOR shall coordinate its work with the work of all other contractors, subcontractors, and CITY forces working on the PROJECT, in a manner that will facilitate the efficient completion of the PROJECT and in accordance with the terms and . provisions of this Agreement. CITY shall have complete control of the premises on which the work is to be performed and shall have the right to decide the time and order in which the various portions of the wcrk shall be performed and the priority of the work of other contractors, subcontractors and CITY forces and, in general, all matters concerning the timely and orderly conduct of the work of CONTRACTOR on the premises. 6 CHANGES CONTRACTOR shall adhere strictly to the plans and specifications set forth in the Contract Documents unless a change therefrom is authorized in writing by the DPW. CONTRACTOR agrees to make any and all changes, furnish materials and perform all work necessary within the scope of the PROJECT as the DPW may require in writing. Under no condition shall CONTRACTOR make any changes without the written order of the DPW, and CITY shall not pay any extra charges made by CONTRACTOR that have not been agreed upon in writing by the DPW. g:agreelorm oDn-sam:06/02M 4 SAMPLE When dire--ted to change the work, CONTRACTOR shall submit immediately to the DPW a written cost proposal reflecting the effect of the change. Should the DPW not agree to such cost proposal, the work shall be performed according to the changes ordered in writing by the DPW and the proper cost thereof shall be negotiated by the parties upon cost and pricing data submitted by the CONTRACTOR; thereupon, CITY will promptly issue an adjusted change order to CONTRACTOR and the contract price will be adjusted upward or downward accordingly. 7. NOTICE TO PROCEED No work, services, material, or equipment shall be performed or fumished under this Agreement unless and until a Notice to Proceed has been given to the CONTRACTOR by CITY. CITY does not warrant that the work will be available on the date the Notice to Proceed is issued. In event of a delay in commencement of the work due to unavailability of the job site, for any reason, relief to the CONTRACTOR shall be limited to a time extension equal to the delay due to such unavailability. 8. BONDS CONTRACTOR shall, prior to entering upon the performance of this Agreement, furnish the following three bonds approved by the City Attorney: One in the amount of one hundred percent of the contract price to guarantee the CONTRACTOR's faithful performance of the work; one in the amount of one hundred percent of the contract price to warrant such performance for a period of one (1) year after CITY's acceptance thereof; and one in the amount of one hundred percent of the contract price to guarantee payment of all claims for labor and materials fumished. 9. WARRANTIES The CONTRACTOR unconditionally guarantees all work done under this Agreement including, but not limited to, any workmanship, installation, fabrication, material or g : a g ree:form: con-s a m:0& 02M 5 SAMPLE structural facilities constructed. CONTRACTOR, within ten (10) days after notice by CITY of any defect in the work, shall have the option to make appropriate repairs or replace the defective item or items. Upon expiration of such ten- (10) day period, CITY may then make appropriate repair or replacement at CONTRACTOR's risk and expense. 10. INDEPENDENT CONTRACTOR It is understood and agreed that the CONTRACTOR is, and shall be, acting at all times hereunder as an independent contractor and not and employee of CITY. CONTRACTOR shall secure at its expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT. 11. LIQUIDATED DAMAGESIDELAYS It is agreed by the parties hereto that in case the totat work called for hereunder is not in all parts and requirements finished or completed within the number of calendar days as set forth herein, damage will be sustained by CITY; and that it is, and would be, impractical and extremely difficult to ascertain and determine the actual damage which CITY would sustain in the event of and by reason of such delay; it is, therefore, agreed that CONTRACTOR will pay to CITY, as liquidated damages and not as a penalty, the sum of Dollars ($^� per day for each and every working day's delay in completing the work in excess of the number of working/calendar days set forth herein, which represents a reasonable endeavor by the parties hereto to estimate a fair compensation for the foreseeable losses CITY would sustain in the event of and by reason of such delay; and CONTRACTOR agrees to pay said damages herein provided, and further agrees that CITY may deduct the amount thereof from any monies due or that may become due to CONTRACTOR hereunder. g:agreelorm:con-sam:06102M 6 SAMPLE CONTRACTOR will be granted an extension of time and will not be assessed damages for any portion of the delay in completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of CONTRACTOR, including, but not restricted to, acts of God or of the public enemy, fire, floods, epidemics, quarantine restrictions, strikes, unsuitable weather, or delays or subcontractors due to such causes. CONTRACTOR shall, within fifteen (15) days from the beginning of any such delay (unless the DPW shall grant a further period of time prior to the date of final settlement of the Agreement), notify the DPW in writing of the cause of the delay and CITY shall extend the time for completing the work if, in its judgment, the findings of fact thereon justify the delay; and the decision of the DPW shall be conclusive on the parties hereto. Should CONTRACTOR be delayed in the prosecution or completion of the work by the act, neglect or default of CITY, or should CONTRACTOR be delayed waiting for materials required by this Agreement to be furnished to CITY, or by damage caused by fire or other casualty at the job site for which CONTRACTOR is not responsible, or by the combined action of the workers, in nowise caused by or resulting from default or collusion on the part of CONTRACTOR, or in the event of a lockout by CITY, then the time herein fixed for the completion of the work shall be extended by the number of days the CONTRACTOR has thus been delayed, but no allowance or extension shall be made unless a claim therefor is presented in writing to CITY within fifteen (15) days of the commencement of such delay. No claims for additional compensation or damages for delays, irrespective of the cause thereof, and including without limitation the fumishing of material by CITY or delays by other contractors or subcontractors, will be allowed and said extension of time for completion shall be the sole remedy of CONTRACTOR. g:agree:form:con-sam:0&02M 7 SAMPLE 12. DIFFERING SITE CONDITIONS (1) Notice: The CONTRACTOR shall promptly, and before such conditions are disturbed, notify the DPW in writing of. (a) Subsurface or latent physical conditions at the job site differing materially from those indicated in this Agreement or the Contract Documents; or (b) Unknown physical conditions at the job site, of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent to work of the character to be performed under this Agreement. The DPW shall promptly investigate the conditions and if it finds that such ccnditions do materially so differ and cause an increase or decrease in the time required for performance of any part of the work under this Agreement, whether or not changed as a result of such conditions, an equitable adjustment shall be made and the Agreement modified in writing accordingly; (2) Time Extension: No claim of the CONTRACTOR under this Section shall be allowed unless the CONTRACTOR has given the notice required hereunder, provided, however, the time prescribed therefor may be extended by CITY. 13. VARIATIONS IN ESTIMATED QUANTITIES The quantities listed in the bid schedule will not govern final payment. Payment to the CONTRACTOR wilt be made only for the actual quantities of contract items used in construction of the PROJECT, in accordance with the plans and specifications. Upon completion of the PROJECT, if the actual quantities used are either more than or less than the quantities listed in the bid schedule, the bid price shall prevail subject to the provisions of this section. The DPW may, at its sole discretion, when warranted by the facts and circumstances, order an equitable adjustment, upwards or downwards, in payment to the CONTRACTOR where the actual quantities used in construction of the PROJECT are in variation to the quantities listed in the bid schedule. No claim by CONTRACTOR for an equitable adjustment in g:agreelorm:con-sam:06IO2M SAMPLE price or time for completion shall be allowed if asserted after final payment under this Agreement. If the quantity variation is such as to cause an increase in the time necessary for completion, the DPW shall ascertain the facts and circumstances and make such adjustment for extending the completion date as in its judgment the findings warrant. 14. PROGRESS PAYMENTS Each month the DPW will make an estimate in writing of the work performed by CONTRACTOR and the value thereof. From each progress estimate, ten percent (10%) will be deducted and retained by CITY and the remainder, less the amount of all previous payments since commencement of the work, will be paid to CONTRACTOR. When CONTRACTOR has, in the judgment of the DPW, faithfully executed fifty percent (50%) or more of the value of the work as determined from the bid schedule, and if the DPW finds that satisfactory progress has been and is being made, the CONTRACTOR may be paid such sum as will bring the payments of each month up to one hundred percent (%100) of the value of the work completed since the commencement of the PROJECT, as determined by DPW, less all previous payments and less all previous retained amounts. The final payment, if unencumbered, or any part thereof unencumbered, shall be made thirty-five (35) days after the acceptance of the work a -id the filing of a Notice of Completion by CITY. Payments shall be made on demands drawn in the manner required by law, each payment to be accompanied by a certificate signed by the DPW, affirming that the work for which payment is demanded has been performed in accordance with the terms of the Agreement and that the amount stated int. certificate is due under the terms of the Agreement. Partial payments on the contract price shall not be considered as a acceptance of any part of the work. 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES At the request and expense of CONTRACTOR, who shall retain beneficial ownership and receive interest, if any thereon, CITY shall permit the substitution and deposit g:agreeJorm:con-sam:0610 W 9 SAMPLE therewith of securities equivalent to the amount of any monies withheld by CITY to ensure performance under the terms of this Agreement. 16. AFFIDAVITS OF SATISFACTION OF CLAIMS After the completion of the work contemplated by this Agreement, CONTRACTOR shall file with the DPW its affidavit stating that all workers and persons employed, ail firms supplying materials and ail subcontractors upon PROJECT have been paid in full and that there are no claims outstanding against PROJECT for either labor or material, except certain items, if any, to be set forth in an affidavit covering disputed claims, or items in connection with Notices to Withhold which have been filed under the provisions of the statutes of the State of California. 17. WAIVER OF CLAIMS The acceptance by CONTRACTOR of the payment of the final certificate shall constitute a waiver of all claims against CITY under or arising out of this Agreement. 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, Indemnify and hold and save harmless CITY, its officers, and employees against any and all liability, claims, judgments, costs and demands, however caused, including those resulting from death or injury to CONTRACTOR's employees and damage to CONTRACTOR's property. arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, including those arising from the passive concurrent negligence of CITY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of CITY. CONTRACTOR will conduct all defense at its sole cost and expense. 19. WORKERS' COMPENSATION INSURANCE Pursuant to Califomia Labor Code section 1861, CONTRACTOR acknowledges awareness of section 3700 et seq. of said Code, which requires every employer to be insured g:a6reeJormxon-sam:06102l99 10 SAMPLE against liability for workers compensation; CONTRACTOR covenants that it will comply with such provisions prior to commencing performance of the work hereunder. CONTRACTOR shall maintain workers compensation insurance in an amount of not less than One Hundred Thousand Dollars (S100,000) bodily injury by accident, each occurrence, One Hundred Thousand Dollars ($100,000) bodily injury by disease, each employee, Two Hundred Fifty Thousand Dollars ($250,000) bodily injury by disease, policy limit. CONTRACTOR shall require all subcontractors to provide such workers compensation insurance for all of the subcontractors' employees. CONTRACTOR shall furnish to CITY a certificate of waiver of subrogation under the terms of the workers compensation insurance and CONTRACTOR shall similarly require all subcontractors to waive subrogation. 20. INSURANCE In addition to the workers compensation insurance and CONTRACTOR's covenant to indemnify CITY, CONTRACTOR shall obtain and furnish to CITY, a policy of general public liability insurance, including motor vehicle coverage covering the PROJECT. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their duties, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said pclicy shall name CITY, its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR's insurance shall be primary. g:agree:form: con-sam:06/02W 11 SAMPLE Under no circumstances shall said above -mentioned insurance contain a self -insured retention, or a 'deductible" or any other similar form of limitation on the required coverage. 21. CERTIFICATES OF INSURANCE: ADDITIONAL INSURED ENDORSEMENTS Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to CITY certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement; said certificates shall: 1. provide the name and policy number of each carrier and policy; 2. shall state that the policy is currently in force; 3. shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice of CITY; and 4. shall state as follows: "The above -detailed coverage Is not subject to any deductible or self -insured retention, or any other form of similar type limitation." CONTRACTOR shall maintain the foregoing insurance coverages in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverages shall not derogate from the provisions for indemnification of CITY by CONTRACTOR under the Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all insurance hereinabove required. A separate copy of the additional insured endorsement to each of CONTRACTOR's insurance policies, naming the CITY, its officers and employees as Additional Insureds shall be provided to the City Attorney for approval prior to any payment hereunder. g: agreelormxon-sam:0&POM 12 SAMPLE 22. DEFAULT AND TERMINATION If CONTRACTOR fails or refused to prosecute the work hereunder with diligence, or fails to complete the work within the time specified, or is adjudged a bankrupt or makes an assignment for the benefit of creditors or becomes insolvent, or violates any provision of this Agreement or the contract documents, CITY may give notice in writing of its intention to terminate this Agreement. Unless the violation is cured within ten (10) days after such Notice of Intention has been served on CONTRACTOR, CITY may, without prejudice to any other remedy it may have, terminate this Agreement upon the expiration of that time. Upon such default by CONTRACTOR, CITY may elect not to terminate this Agreement. in such event CITY may make good the deficiency in which the default consists and deduct the resulting costs from the progress payments then or to become due to CONTRACTOR. 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that upon completion of the work to be performed hereunder, or upon earlier termination of this Agreement, all original plans, specifications, _ drawings, reports, calculations, maps and other documents pertaining to this Agreement shall be delivered to CITY and become its sole property at no further cost. 24. NON -ASSIGNABILITY CONTRACTOR shall not sell, assign, transfer, convey or encumber this Agreement, or any part hereof, or any right or duty created herein, without the prior written consent of CITY and the surety. 25. CITY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of Califomia Govemment Code sections 1090 et seq. g:agree:1orm:oon-sam:06/02W 13 SAMPLE 26. STOP NOTICES; RECOVERY OF ADMINISTRATIVE COSTS CITY shall be entitled to reasonable administrative costs and necessary disbursements arising out of the processing of Stop Notices, Notices to Withhold, or any similar legal document. Said ob1gation shall be provided for in the labor and materials payment bond required of CONTRACTOR. CITY may charge an administrative fee of One Hundred Dollars ($100) for every Stop Notice filed in excess of two, regardless of whether or not CITY is named in an action to enforce such stop notices. CITY may set off any unreimbursed cost or expense . so incurred against any sum or sums owed by CITY to CONTRACTOR under this Agreement. 27. NOTICES All notices required or permitted hereunder shall be delivered in person or by registered or certified mail to an authorized representative of the party to whom delivery is to be made, at the place of business of such party, or to any other place designated in writing by such party. 28. CAPTIONS Captions of the section of this Agreement are for convenience and reference only, and the words contained therein shall in no way be held to explain, modify, amplify or aid in the interpretation, construction or meaning of the provisions of this Agreement. 29. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of U.S.C. Section 1324a regarding employment verification. 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONTRACTOR and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for g:agreeJwm:con-sam:Cfi'02f99 14 SAMPLE CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONTRACTOR. 31. ATTORNEY'S FEES In the event suit is brought by either party to enforce the terms and provisions of this agreement or to secure the performance hereof, each party shall bear its own attomey's fees. 32. ENTIRETY The foregoing, and Exhibit "A," attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONTRACTOR: CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Ca'ifomia Br - print name ITS: (circle one) Chairman/PresidentlVice President Mayor AND ATTEST: By. print name City Clerk ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary - Treasurer APPROVED AS TO FORM: REVIEWED AND APPROVED: 1 j City Attorney 6 � INITIATED AND APPROVED: City Administrator Director of Public Works g:agree:iorm:con-sam:06J02M 15 SAMPLE Sample CITY FUNDED CONSTRUCTION CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND FOR TRUCK WASH FACILITY AT WATER OPERATIONS YARD (CC-1097) TABLE OF CONTENTS Page No• 1. STATE OF WORK; ACCEPTANCE OF RISK 1 2. ACCEPTANCE OF CONDITIONS OF WORK; PLANS 2 3. COMPENSATION 3 4. COMMENCEMENT OF PROJECT 3 5. TIME OF THE ESSENCE 4 6. CHANGES 4 7. NOTICE TO PROCEED 5 8. BONDS 5 9. WARRANTIES 5 10. INDEPENDENT CONTRACTOR 6 11. LIQUIDATED DAMAGESIDELAYS 6 12. DIFFERING SITE CONDITIONS 7 13. VARIATIONS IN ESTIMATED QUANTITIES 8 14. PROGRESS PAYMENTS 9 15. WITHHELD CONTRACT FUNDS, SUBSTITUTION OF SECURITIES 9 16. AFFIDAVITS OF SATISFACTION OF CLAIMS 10 17. WAIVER OF CLAIMS 10 18. INDEMNIFICATION, DEFENSE, HOLD HARMLESS 10 19. WORKERS' COMPENSATION INSURANCE 11 20. INSURANCE 11 21. CERTIFICATES OF INSURANCE; ADDITIONAL INSURED 12 22. DEFAULT & TERMINATION 13 23. DISPOSITION OF PLANS, ESTIMATES AND OTHER 13 24. NOWASSIGNABILITY 13 25. CITY EMPLOYEES AND OFFICIALS 13 26. STOP NOTICES 14 27. NOTICES 14 28. CAPTIONS 14 29. IMMIGRATION 14 30. LEGAL SERVICES SUBCONTRACTING PROHIBITED 15 31. ATTORNEY'S FEE 15 32. ENTIRETY 16 g:agree:forms:con-sam:0=2M SAMPLE RCA ROUTING SHEET INITIATING DEPARTMENT: Public Works SUBJECT: Approve and Authorize Advertisement for the Truck Wash Facility at the Water Operations Yard, CC-1097 COUNCIL MEETING DATE: July 6, 1999 RCA ATTACHMENTS STATUS Ordinance (w/exhibits & legislative draft if applicable) Not Applicable Resolution (wlexhibits & legislative draft if applicable) Not Applicable Tract Map, Location Map and/or other Exhibits Attached Contract/Agreement (wlexhibits if applicable) (Signed in full by the City Atfomey) Attached Subleases, Third Party Agreements, etc. (Approved as to form b Cit Attome) Not Applicable Certificates of Insurance (Approved by the City Attomey) Not Applicable Financial Impact Statement (Unbudget, over $5.000) Not Applicable Bonds (if applicable) Not Applicable Staff Report (If applicable) Not Applicable Commission, Board or Committee Report (If applicable) Not Applicable Findings/Conditions for Approval and/or Denial Not Applicable EXPLANATION FOR MISSING ATTACHMENTS REVIEWED RETURNED FORWARDED Administrative Staff ( ) ( ) Assistant City Administrator (Initial) ( ) ( ) City Administrator (Initial) City Clerk ( ) EXPLANATION FOR RETURN OF ITEM: RCA Author. Kato Puhh5h da& �.2 SECTION A NOTICE INVITING SEALED BIDS for the TRUCK WASH FACILITY CASH CONTRACT No.1097 in the CITY OF HUNTINGTON BEACH PUBLIC NOTICE IS HEREBY GIVEN that the CITY OF HUNTINGTON BEACH, as AGENCY, invites sealed bids for the above stated projects and will receive such bids in the office of the City Clerk, Second Floor, 2000 Main Street, Huntington Beach, California 92648, up to the hour of 2:00 PM on February 24, 2000. Bids will be publicly opened in the Council Chambers unless otherwise posted. Copies of the Plans, Specifications, and contract documents are available from the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648, upon payment of a $15.00 nonrefundable fee if picked up, or payment of a $25.00 nonrefundable fee if mailed. Any Contract entered into pursuant to this notice will incorporate the provisions of the State Labor Code. Pursuant to the provisions the State Labor Code of the State of California, the minimum prevailing rate of per diem wages for each craft, classification or type of workman needed to execute the contract shall be those determined by the Director of Industrials Relations --of-flie at of California, which are on file at the Office of the Director of Public Works, 2000 Main Street, Huntington Beach, CA 92648. The AGENCY will deduct a 10% retention from all progress payments. The Contractor may substitute an escrow holder surety of equal value to the retention in accordance with the provisions of the California Government Code, Section 4590. The Contractor shall be beneficial owner of the surety and shall receive any interest thereon. The AGENCY hereby affirmatively ensures that minority business enterprises will be afforded full opportunity to submit bids in response to this notice and will not be discriminated _against on the basis of race, color, national origin, ancestry, sex, or religion in any consideration leading to the award of contract. No bid shall be considered unless it is prepared on the approved Proposal forms in conformance with the Instructions to Bidders. A-1 The bid must be accompanied by a certified check, cashier's check, or bidder's bond made payable to the AGENCY for an amount no less than 10% of the amount bid. The successful bidder shall be licensed in accordance with provisions of the Business and Professions Code and shall possess a State Contractor's License Class at the time of the bid opening. The successful Contractor and his subcontractors will be required to possess business licenses from the AGENCY. The AGENCY reserves the right to reject any or all bids, to waive any irregularity and to take all bids under advisement for a maximum period of 60 days. BY ORDER of the CITY COUNCIL of the CITY OF HUNTINGTON BEACH, CALIFORNIA, The 7th day of July 1999. Attest: Connie Brockway CITY CLERK OF THE CITY OF HUNTINGTON BEACH A-2 TRANSMISSION VERIFICATION REPORT TIME : 01/17/2000 15:23 DATE,TIME 01/17 15:22 FAX NO./NAME 919496465008 DURATION 00:00:50 PAGE(S) 03 T STANDARD MODERESLL ECM 1' FAX FRONT: Jj .� CONNIE BROCKWAY, CITY CLERK CITY CLERK'S OFFICE CITY OF HUNTINGTON BEACH P O Box 19012000 Main Street Eal• 2 Huntington Beach, CA 92648 HUNTtNGTON BEACH (714) 536-5227 714j 374-1557FAX Fax #: 949+646-5008 Date: / ! a0m Number of Pages (including cover page): B Deputy City Clerk To: a INTERNET ADDRESS: H.B. Independent htto://vNAy.ci.huntin4ton-beach.ca.us Mike (Legals) OR ' htti):/Iwww.hbsurfcity.com/clerk Phone: 949+574-4251 Remarks: Urgent For your review Reply ASAP Please comment Per your request 97Formsltax American Restoration and Construction 137 N Larchmont Blvd #212 Los Angeles, Ca 90004-3704 L4r- 4f(- 7Yf360% At 6 A r% 1rf I l W M IT •1 EACII CA 100 FEU 2 y , -) 1 4 City Of Huntington Beach Truck Wash Facility Contract # 1097 Bid date February 24, 2000 ' Time 2 00 PM 11 �a � � ��JR~Wt �'e M w iJ� f +'ryt "e � ^ ;i � .. 7 � r� 'i�'a 34: 3 �},1�`�� if � + • 1 SECTION C PROPOSAL for the TRUCK WASH FACILITY Water Operations 19001 Huntington Street CASH CONTRACT No.1097 in the CITY OF HUNTINGTON BEACH TO THE HONORABLE MAYOR AND MEMBERS OF THE COUNCIL OF IiUNTINGTON BEACH: In compliance with the Notice Inviting Sealed Bids, the undersigned hereby proposes and agrees to perform all the work therein described, and to furnish all labor, material, equipment and incident insurance necess.uy therefor, in accordance with the plans and specifications on file in the office of the City Engineer of the City of Huntington Beach. The undersigned agrees to perform the work therein to the satisfaction of and under the supervision of the City Engineer of the City of Huntington Beach, and to enter into 'a contract at the following prices. The undersigned agrees to complete the work within 180 working days, starting from the date of the Notice to Proceed. BIDDER declares that this proposal is based upon careful examination of the work site, plans, specifications, Instructions to Bidders and all other contract documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with AGENCY at the unit and/or lump sum prices set forth in the following Bid Schedule. BIDDER understands that failure to enter into a contract in th_ manner and time prescribed will result in forfeiture to AGENCY of the guaranty accompanying this proposal. BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Bid Schedule are solely for the purpose of comparing bids and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. THE AGENCY.RESERVES THE RIGHT TO DELETE ANY ITEM FROM THE CONTRACT. It is agreed that the unit and/or lump sum paces bid include all appurtenant expenses, taxes, royalties, fees, etc., and will be guaranteed for a period of sixty'days from the bid opening date. If at such time the contract is not awarded, the AGENCY will reject all bids and will readvertisc the project. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts, and words shall govern over figures. C1 PROJECT BID SCHEDULE Item No. Estimated Quantity Item with unit price written in words Unit Price Extended Amount 1 Lump Sum Truck Wash Facility @ _ Cot- T-I,.At.+ Sf l %j f t-L -S--d Dollars 4m aA Cents Per Lump Sum - Total Amount Bid in Figures $ M 0 3 t , 0 -� Total Amount Bid in Words 4u� �Clk �� v" t� )7 C-Is If awarded the Contract, the undersigned agrees that in the event of the BIDDER'S default in executing the required contract and filing the necessary bonds and insurance certificates within 10 working days after the date of the AGENCY'S notice of award of contract to the BIDDER, the proceeds of the security accompanying this bid shall become the property of the AGENCY and this bid and the acceptance hereof may, at the AGENCY'S option, be considered null and void. Accompanying this proposal of bid, find 13, 0) ROA-0 in the amount of $ y Q3 I - which said amount is not less than 10% of the aggregate of the total bid price, as required by the Notice Inviting Sealed Bids, payable to " the AGENCY. (Please insert the words "Cash", "Certified Check", or "Bidder's Bond", as the case may be).. . Bidder shall signify receipt of all Addenda here, if any: Addenda Na. Date Received idder's Signature fl� a ry c2- LIST OF SUBCONTRACTORS In accordance with Government Code Section 4104, the Bidder shall set forth the name and business address of each subcontractor who will perform work or render service to the bidder on said contract in an amount in excess of one-half of one percent of the total bid and the portion of the work to be done by su,:h subcontractor. Portion of Mork Name and Address ofSubcontractor Stale License Number Class I�coF,ry � rf�Qr LIT' uR0 IDS CuSTAM Shi it )-iTc,, Ofcm a Apir, �Sb3 � 1"A FM4 fin- 5111%,1(f S 51nkr. St C_P_ i2�ws Ccwir 4irc.� 5�� ! [ 6,57 3 mi l _ to 3 Oki Is"s &Ci f-l� %�Crvff2S u �}r1- 170 1. r —jp , By submission of this proposal, the Bidder certifies: 1. That he is able to and will perform the balance of all work which is not Covered in the above subcontractors listing. 2. That the kGENCY will be furnished copies of all subcontracts entered into and bonds furnished by subcontractor for this project. C-3 NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of Orange #94 u i %(, f-E�M rG. , being first duly sworn, deposes and says that he or she is /P/2,f of AA- --�A r Cron, 1?4 Sh4*4ic4— the party making the foregoing bid that the bid is not made in the interest of, or on the behalf of, any undisclosed person, partnership, company, association, organization, or corporation, that the bid is genuine and not collusive or sham, that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract, that all statements contained in the bid are true, and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. AA fft; aL-L Name of Bidder I-P Signature of Bidder Address of Bidder Loi 41.5 -s- 1 13 Subscribed and sworn to before me this day of , 200 — NOTARY PUBLIC S K,, u T- NOTARY SEAL C4 UTILITY AGREEMENT HONORABLE MAYOR AND CITY COUNCIL CITY OF HUN 1NGTON BEACH, CALIFORNIA Gentlemen: The undersigned hereby promises and agrees that in the performance of the work specified in the contract, known as the TRUCK WASH FACILITY, CC-1097, (1)(we)(it) «ill employ and utilize only qualified persons, as hereinafter defined, to work in proximity to any electrical secondary or transmission facilities. The term "Qualified Person" is defined in Title 8, California Administrative Code, Section 2700, as follows: "Qualified Person: .4 person who, by reason of experience or Instruction, is familiar 1vith the operation to be performed and the hazards involved " ' The undersigned also promised and agrees that all such work shall be performed in accordance with all applicable electrical utility company's requirements, Public Utility Commission orders, and State of California Ca? -OSHA requirements. The undersigned further promises and agrees that the provisions herein shall be and are binding upon any subcontractor or subcontractors that may be retained or employed by the undersigned, and that the undersigned shall take steps as are necessary to assure compliance by any said subcontractor or subcontractors with the requirements contained herein. Date: -)12 z 1 CFO Contractor By Title C-S DISQUALIFICATION QUESTIONNAIRE In accordance with Government Code Section 14310.5, the Bidder shall complete, under penalty of perjury, the following questionnaire. QUESTIONNAIRE Has the Bidder, any officer of the Bidder or any employee of the Bidder who has a proprietary interest in the Bidder ever been disqualified, removed or otherwise prevented from bidding on or completing a Federal, State or Iocal government project because of a violation of law or a safety regulation? D Yes CkNo If the answer is yes, explain the circumstances in the space provided. Note: This questionnaire constitutes a part of the Proposal, and a signature portion of the Proposal shall constitute signature of this questionnaire. C-6 COMPENSATION INSURANCE CERTIFICATE Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate. I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-. insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. Date: 6 a2y Contractor By Title C-7 UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER (To be completed only by the awarded Contractor prior to excavation) No excavation will be permitted until this form is completed and returned to the AGENCY. Section 42I614217 of the Government Code requires a Dig Alert Identification Number be issued before a Permit to Excavate will be valid. To obtain a Dig Alert Identification Number, call Underground Service Alert at 1-800-422-4I33 a minimum of two working days before scheduled excavation. Dig Alert Identification Number: 4^12aICC.`-I24AMir Cad,��s'VS� Contractor Y By Title Date: OJ NJ Ou Note: This form is required for every Dig Alert Identification Number issued by U.S.A. during the course of the Work Additional forms may be obtained from the AGENCY upon request. C-8 BIDDER'S INFORMATION BIDDER certifies that the following information is true and correct: AAA t a-t C5 jrt G &C C, Bidder Name 137 A.). 14✓c4i1-,a,,? Business Address - City, State Zip ( In ) 110 — 30-7 � Telephone Number '*7q5 3(:-J .44 13 State Contractor's License No. and Class S s7 ),in 1 Date Issued � Oration Date r The work site was inspected by _?&— / of our office on The following are persons, firms, and corporations having a principal interest in this proposal: Shell G9 . 0 The undersigned is prepared to satisfy the Council of the City of Huntington Beach of its ability, financially or otherwise, to perform the contract for the proposed work and improvements in accordance with the plans and specifications set forth. �/yt4 fL!CCJ� / tyA2A-17c*x, Company Name Signature of Bidder Actf , av l I( -&,,a Printed or Typed Signature Subscribed and sworn to before me this day of ,199 . NOTARY PUBLIC 5f I�cxJt� oe 4�-r' ' NOTARY SEAL Listed below are the names, address and telephone numbers for three public agencies for which the bidder has performed similar work within the past two years: 2. 3. Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed Name and Address of Public Agency Name and Telephone No. of Project Manager. Contract Amount Type of Work Date Completed C-10 TRUCK WASH FACILITY Water Operations 19001 Huntington Street CC 1097 ADDENDUM NUMBER 1 February 14, 2000 NOTICE TO ALL CONTRACTORS: Please note the following revisions to the project specifications: Note 61 on Drawing Number C-2 is changed to read - REMOVE EXISTING A.C. PAVEMENT AND CONSTRUCT 8-INCH PCC SLAB, APPROXIMATELY 3,000 S.F. SEE DETAIL A1C-5 All contractors are requested to acknowledge the receipt of this Addendum with your proposal. Very truly yours, Thomas A. Rulla Project Manager This is to acknowledge receipt and review of Addendum Number 1, dated February 14, 2000. It is understood that this revision shall be included in the proposal. Company Name By oa ho )#V Date Should you have any questions regarding this Addendum call me at (714) 536-5524. Crr &UNd Page 4 si 4 COMPLETION AGLNCY INAi1' M CONTRACT TYPE or w0vtK DATIK.— - __ --- -- ---- — r = — M91 --palos'Varda Schoch Disawt - S260K - 5 3901 Vila L$ Selva - - Palos Vetdes Emte* CA 90274 (310) 344-W43 %99 Sim Diego Stiff Llaivtmty It 159K ti'i noes Dea Repairs 5300 le r San Diego. CA (619) 997-1014 47 09/99 City of 0t1C S300K SeiQi'mc Kee � 100N Com Hwy 00ca & CA (760) 9664760 06199 City of Ontwio $601K Semmc R2pw 3(*.E "B"' Steet Ontmio, CA 91764 (909) 9M-1151 04199 Sm Diego City Sdools $193K Smpps Hwk Steal itestonuon 4100 Normal Suter n Spa moo, CA (619) 291.8462 r- 731 031V9 City ofDel liar SZOO t Powenliouse lieswrahon ' P 0 Box #1183 Del Mm, Ca 92014 ,619) 481-2987 r- 00/06 Warner BWOM S21K -' 4000 Warner Btvd , LID burtmak, CA 91322 (818) 954-7105 0010D "own D m $137K Hari Darn (9 11799 Fooduff Lake"cw TeirsM CA 91342 (819) 934-9139 Coned Page 3 of 4 C018OLKTWN AGENCYNANM CONTRACT TYPE OF WORK DATE 12M mt PAIP" H* School r4 tac# S470K nr Ra ovation 3vI 11 *rfagffi Dine Valley, CA 91962 (619) 277-5115 12199 1z" 10199 i0/99 n m an �o 09,99 Km 11 &W rs&ld Cnlltge 17islAct 2100 Chester Avame 13akasfield, CA 93301 (661) 336.51)7 7562'pie SfrW S LNego, Ca 92212 (310) 644-5581 UCSD 1:ac2htus Demp 9500 Ciimata Dnvt l:,at lnlia, C:A. 92093 (619) 822-2453 Cety of Oceanside 3 a0 N Cost Hiry Oceansr$e, CA 92014 (760) �6"752 City of {cede 300 ICI Coot I3vvy Oceamdr, CA 92054 ('160) %&4752 S2a9L S54K $215K S'79K 5326K a © 091" San DtW St t Umversty $23K `` 5304 Carlo breve `N San DuM CA 92182 (619) 594-3386 rw.e selow ketrofit PwAm l hell BW# Rmvmon Sik lmprnve-Throw nospl d Library Enhimce Cdvar r;_ � -;+_��r t+Cox Arens WIM La! z "- g���qy iIGY i`UiPP lE.%'�`ION DATE AGENCY NAME A R nL t bA1� CONTRACT FRI7 f� TYPE PE OF WORK ] r-RMXM 3 4J1..47D — A'864tiis 1/CaYp •--v^ � � � �RtaQiL" <rGn{Ri - La lot* CA 92093 (610) 922-2433 z 014,00 San o State Llammy Cosung RepLiomiant 5300 C"Tonle Dnva San Diege, CA 92192 (619) 594.3386 r� i)l" Sim ego Sty Unlycruty S45K X 1 NWn Datry-Zara HaH 5300 Campamle D nve CL San Diego, CA 92182 (619) 594-3396 tal Olm Son Dose, Stitt Viuvecy S156K Extenor Asummon Paanting 6161 A1vgrado Road San Diego, go, CA 9E2128 (619) 594-3243 12f99 con"emal mw a BW&, & $133K Sic pewo& Good Neighbor Ptuo Compay 4420 E M"o Ague, #B r* AAAeM CA 92SO7 (714) 779-8774 r 12199 Faslzurn Valley shopper C $37K part Lot Bollards & Goias Ou 1007 Friars Road, #392 S3K 'Food Coin PVw Sin DiW, CA 92109 (839) /-W.3381 r~ LD 12199 tie: Coat College Distriut $264K 5camc Rtwoft 1.370 Adams Avea Com Mesa. CA 92626 (714) 438-409 t� tV AM C.4N RESTORATION & CONSTRUCTION COMPA14Y CONSTRUC'>1 ON PROJEM AND i IFUENCES w COWLETION AGUNCY NAME CONTIACT TYPE OP wOlkK IjAi`i AUDIt & >pC�I+IE 'P1� l�F�tRti `Ch► ew- - Cowoffdated Belevoi ASS--S164K �Auilding Re"VIlbon 428 ThW Ave in Nego; CA 92101(619) 2764555 o 06100 City of San mwco3 47K MKmn SPOM patk 1 Civic Omer Dnvo San M&wsy Ca 92069 (76o) 744-io5o �n z 06/00 City of Slata Ana $1 3M ketrofit S Station kftavm 20 Ci e ConM Phan, #M 22 Santa Anti, Ca 92702 (714) 647-5042 UCSD - F"ties rkmp $95k. 910 Library Systems UppMe 9500 adman Mve La tol* Ca 92M (859) $34-2177 03100 City of Sao Maros $329K Bra&ey Pak itnprovextts *` 1 Civic CwW Drive San Marcos, CA 92069 (760) 744-1050 R LO LU ' 03100 City of Sm Mir ws $421 K 1ti+ Sates Mali Evasion 1 Cwk Center Ntive Sim Maims, CA 92069 (760) 744.1030 it -t fl3J00 City of San Jamuw $26W Se =r- Retrofit ESM&II0 Mambo 2ty1 iw Matn Stet 4aa Jacuno, Ca 92583 (909) 487-7330 y FIRST NATIONAL INSURANCE COMPANY OF AMERICA Proposal Bond KNOW ALL MEN BY THESE PRESENTS, Bond no. 009 That we American Restoration and Construction, Inc. as Principal, and the First National Insurance Company of America, a corporation under the laws of the State of Washington, authorized to transact business in the State of CA, as Surety are held and firmly bound unto: City of Huntington Beach (hereinafter called the obligee) in the full and just sum of TEN PERCENT OF THE AMOUNT OF THE BID (10Z) for the payment whereof in lawful money of the United States, we bind ourselves, our heirs, administrators, executors or successors, jointly and severally, firmly by these presents. WHEREAS, the said PRINCIPAL has submitted the accompanying bid for #1907 — Truck Wash Facility — 19001 Huntington Street NOW, THEREFORE, if said contract be awarded to the Principal and the Principal shall, within such time as may be specified, enter into the contract in writing, and give bond, with surety acceptable to the Obligee for the faithful per- formance of the said contract, then this obligation shall be void; otherwise to remain in full force and effect. Provided, however, that if said contract is not awarded within 60 days of the date of bid opening, this bond shall be void and of no force and affect. Signed and Sealed this 23rd day of February 2000 American Restoration and Construction, Inc. Principal FIRST NATIONAL INSURANCE COMPANY OF AMERICA �/�k Bj� Zara - Matthew . Dobyns Attorn'Y-n-fact CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Orange --23-2000 bMary Angel — Notary Public On 2efore me, - DATE Ni4rE rTU OF OFFICER - EO.:AWE DOE NOTARY PVMjC' %a. W personally appeared _ _ _Matthew R. nobyas NMF4St OF SIGNERS) n3 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(¢ whose nameM Ware subscribed to the within instrument and ac- knovrledged to me that helexecuted ...,.. fkARY ARflaER the 'same in hiss authorized COMM.01228'M s capacity and that by hisibealbak 0PAWCOMY signatureM on the Instrument the persons, I`�'�""�F"R ff• or the entity -upon behalf of which the persons acted, executed the instrument. WIV ESS my hand and official seal. IG EOFNOTARY OPTIONAL Though the data below Is not required by law, It may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ® ATTORNEYIN-FACT ❑ TRUSTEE(S) ❑ GCIARDW4=NSERVAT0R ❑ OTHER: SIGNER IS REPRESENTING: N IE OF ►FAS04R oft &Mrf Es) First National Insurance Company of America DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE CIM NATIONAL. NOTARY ASSMATION •" Flo rnet Ave. P.O. Box 7164 • C&-*ga Park. CA QIX9-718I I FIRST A • A SURETY POWER OF ATTORNEY 4333 Brooklyn Avenue N.E. Seattle, WA 98105 KNOW ALL BY THESE PRESENTS: FIRST NATIONAL INSURANCE COMPANY OF AMERICA 4333 BROOKLYN AVE NE SEATTLE, WASHINGTON 98105 No. 10202 That FIRST NATIONAL INSURANCE COMPANY OF AMERICA, a Washington corporation, does hereby appoint DOBYNS; Fullerton its true and lawful attorney(s)-in-fact, with full authority to execute on behalf of the company fidelity and surety bonds or undertakings and other documents of a similar character issued by the company in the course of its business, and to bind FIRST NATIONAL INSURANCE COMPANY OF AMERICA thereby as fully as if such instruments had been duly executed by its regularly elected officers at its home office. IN WITNESS WHEREOF, FIRST NATIONAL INSURANCE COMPANY OF AMERICA has executed and attested these presents this 3rd R.A. PIERSON, SECRETARY CERTIFICATE day of June (6 4M46Mko W. RANDALL STODDARD, PRESIDENT Extract from the By -Laws of FIRST NATIONAL INSURANCE COMPANY OF AMERICA: "Artide V, Section 13. - FIDELITY AND SURETY BONDS ... the President, any Vice President, the Secretary, and any Assistant Vice President appointed for that purpose by the officer in charge of surety operations, shall each have authority to appoint individuals as attomeys-in-fact or under other appropriate titles with authority to execute on behalf of the company fidelity and surety bonds and other documents of similar character issued by the company in the course of its business... On any instrument making or evidencing such appointment, the signatures may be affixed by facsimile. On any instrument conferring such authority or on any bond or undertaking of the company, the seal, or a facsimile thereof, may be impressed or affixed or in any other manner reproduced; provided, however, that the seal shall not be necessary to the validity of any such instrument or undertaking." Extract from a Resolution of the Board of Directors of FIRST NATIONAL INSURANCE COMPANY OF AMERICA adopted July 28, 1970. "On any certificate executed by the Secretary or an assistant secretary of the Company setting out, (i) The provisions of Article V, Section 13 of the By -Laws, and (ii) A copy of the power-of-attomey appointment, executed pursuant thereto, and (iii) Certifying that said power -of -attorney appointment is in full force and effect, the signature of the certifying officer may be by facsimile, and the seal of the Company may be a facsimile thereof." I, R.A. Pierson, Secretary of FIRST NATIONAL INSURANCE COMPANY OF AMERICA, do hereby certify that the foregoing extracts of the By -Laws and of a Resolution of the Board of Directors of this corporation, and of a Power of Attorney issued pursuant thereto, are true and correct, and that both the By -Laws, the Resolution and the Power of Attorney are still in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the facsimile seal of said corporation this 23rd day of February 1 2000 SEAL R.A. PIERSON, SECRETARY S-1049/FNEF 7/98 6/3/99 PDF CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 0M s-,- State of _ Calif,Qr<p1a County of Orange On 2/24/00 WE before me, riattheT+ R. Dobyns — Notary Public NAUE• T1TLE OF OrflCEn • E G .-ihME ME. "0TAny PMLIC personalty appeared Paul Hamilton NAMES) CF SIGNENS1 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that he/she/they executed the same in his/her/their authorized �—�- capacity(ies), and that by his/her/their MATTHEVIR. DOMS son e instrument arson " COW �1i122415 x; signature(s) (s) the itt the s p (), g NOTA"Pl X-t:ALIFClfrA or the entity upon behalf of which the i w Ll Corm EV. A2MI � person(s) acted, executed the instrument. WITNLSS my hand and official seal. �er�' 1__� SIGNATURE OF WTIIRV OPTIONAL Though the data below is not required by law. it may prove va'uable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL CORPORATE OFFICER President TOMS) ❑ PARTNER(S) ❑ UNItTED ❑ GENERAL ❑ ATTORNEY -IN -FACT D TRUSTEE{S) ❑ GUARDIAWCONSERVATOR D OTHER. DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMEER OF PAGES DATE OF DOCUMENT SIGNER IS REPA SENTRIG: t4 MWE CF PEr{sC"91 on ENTITYPES1 t a Americn Restoration and Construction, Inc. } ..._ SIGNER(S) OTHER THAN ABOVE �{ *iM NATIONAL NOTAnY AS.CCIATION - 8.-36 Rommel Ave. P O. 9oz ,19s -Canoga P3ok• CA 413V3--'8J s . • CALIFORNIA ALL•PURFIOSE ACKNOWLEDGMENT ,i, Vw State of F, Cati[Wia County of orange On 2/24/00 before me, tlattbew R. Vobyns — Notary rubtic OATS NAUE. MILE OF 0MCER - [ G..'JAM 90E. NOTAnr INRLI ' personally appeared Paul Hamilton NAI.IEIS) OF 5+u+1EA151 personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ac- knowledged to me that helshellhey executed the same in his/her/their authorized capacity(ies), and that by his/Izer/their MATTFi>`L'Y R 1709YfJS signature(s) on the instrument the person(s), COMM.#1122415 s or the entity upon behalf of which the 0 WTMYK''AM•CXFUI%"A person(s) acted, executed the instrument. oMUEOWITY wy corm f�.,tu� i5.2:41 . WITNESS my hand and official seat. SIGUATUnE OF HOTAn-e OPTIONAL Though the data below is not required by law. it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER President TMEiS. ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY41-FACT ❑ TRUSTEE(S) ❑ GUAROIAI.WCONSERVATOR ❑ OTHER: DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUL113ER OF PAGES DATE OF DOCUMENT SIGNER 1S REMESENTING: NAME CF PEASOW S1 OR ENU Y1rE5i American Restoration and Construction, Inc. SIGNERS) OTHER THAT! NAMED ABOVE C1993 NATIONAL NOTARY ASS-XIATICIN • 8236 Re.rxnel AV.,. P O. BOX : 18a • Garwga Ps�M CA 9J3W'^ -'8+